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Appeal No. KAR-349 of 1976, heard on 20th December 1976.
-- S. 2(xxviii)-"Workman"-Person supplying labour on payment --Not doing any work himself-A patty contractor--Not a workman.
S. M. Kohistani for Appellants.
Masood Sheryar for Respondents.
This appeal has been filed against the order of the Labour Court dismissing the application filed under section 25-A, I. R. O.
2. The appellant was working with the respondent which was a Construction company. On 26th June, 1975 be was not allowed to resume his duties. He, therefore, approached the Labour Court after serving grievance notice. The application was resisted and various objections were taken. The Labour Court accepted three preliminary objections and dismissed the application.
3. The only point which I would like to deal in this appeal is whether the appellant was a workman. The Labour Court bad held that the appellant was not a workman but a petty contractor supplying labour to the respondent. On perusal of the record and proceedings and hearing the arguments I see no reason to disagree with him. Admittedly, the appellant was supplying labour and was receiving payment. He was, therefore, a petty contractor or at best a Jamadar as admitted by him. He himself was not doing any work.
4. In result the appeal is dismissed.
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