Find a Lawyer

Industrial Relations Ordinance (XXIII of 1969)‑‑‑

---Ss. 2 (xiv) & 25‑A ‑ "Industry" ‑‑ Municipal Corporation‑ Maintaining water works and supplyin.2 water on charge ‑ Profit or no profit no consideration ‑Comes within definition of factory'‑ Grievance petition of employee of Municipal Corporation (a workman) against alleged wrongful penalty order, held; rightly entertained by Labour Court.

1981 P L C 474 rel.

Sher Muhammad, Court Clerk for Appellant.

Date of hearing : 21st March, 1983.

This appeal calls in question the decision dated 22‑12‑1982 passed by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi , whereby the penalties imposed upon the respondent were set aside and he was directed to be paid the wages for the period of suspension.

2. The case of the respondent was that he did not, . wilfully disobey the transfer order and that he was not relevant by the Municipal Magistrate. This evidence was not rebutted. It was not suggested to him in cross -examination that the .Municipal Magistrate had not detained him. This part of the statement of the respondent, therefore, went unchallenged and unrebutted. The learned lower Court, therefore, did not commit any illegality in accepting the unrebutted statement of the respondent.

3. The learned lower Court rightly held the appellant as an industry relying upon 1981 P L C 474. Municipal Corporations render service on payment. They maintain water works and supply water on charges Profit or no profit is no consideration. They come within the definition of factory also as by pumping water manufacturing process it does. The learned lower Court has rightly set aside the penalties imposed upon the respondent.

4. As upshot of the observations made above, I do not find any force in the appeal and dismiss it.

Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.