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Appeal No. FD-388 of 1982, decided on 16th November, 1983.
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-
----S. 2 (i)-"Workman"-Chowkidar discharging watch and ward duties-Not a workman-Dismissal of grievance petition against termination of service of such Chowkidar by Labour Court upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1.969), Ss. 25-A & 38 (3).
Appellant in person.
S. M. Arij for Respondent.
Date of hearing: 13th November, 1983.
The appeal captioned above emerges from the decision, dated 14th June, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby holding that the appellant was not a workman and that service of grievance notice had not been established, the appellant's petition for his re-instatement was dismissed.
2. The appellant is a Chowkidar discharging his duties as a watch and ward. Such an employee has neither to do any manual nor clerical work. His duty is to remain present to look after the premises whereas according to the definition of workman given in S. 2(i) of the Standing Orders Ordinance, 1968 only that employee is a workman who does manual' or clerical skilled or unskilled worker. The appellant did not produce an iota of evidence regarding his duties. Even in his statement he did not say what work he used to do.
3. The service of grievance notice too was not proved. Neither any postal receipt nor any receipt of the employee of the respondent to whom the grievance notice may have been delivered was produced. No oral evidence too is on the record. Even the appellant did not say that he had in any manner served the grievance notice. No copy of grievance notice is on the record. In these circumstances, the learned lower Court was justified 1n dismissing the grievance petition of the appellant.
4. As a result of the above, the appeal is without any force and is dismissed.
A. E. Appeal dismissed.
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