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Appeal No. LHR‑339 of 1983, decided on 14th March, 1984.

Paras. 1.3 & 1.4 read with Industrial Relations Ordinance (XXIII of 1969). Ss. 2 (xxviii) & 25‑A‑Railway employee‑Permanent Way Inspector‑Performing supervisory duties and basic pay more than Rs. 800 p. m. Covered by, Exception (b) of S. 2 (xxviii) of Industrial Relations Ordinance, 1969‑Not a workman Not within jurisdiction of Labour Court.

Shamim Zafar for Appellants.

Date of hearing : 4th March, 1984.

The decision, dated 3rd May, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad has been challenged in this appeal, whereby the grievance petition of the respondent was accepted. The respondent had in his' petition challenged the correctness of the seniority list, 1982.

2. The only point argued before me by the learned counsel for the parties is whether the respondent falls within the definition of workman. The definition given in section 2 (xxviii) is relevant. The duties of the P. W. 1 are given in sections 1.3 and 1.4 of Chapter I of Way and Works Manual, 1969. They read as under :‑

"Some of the most essential duties of the Permanent‑Way Inspector are :‑

(a) Inspection and maintenance of track in a satisfactory and safe condition for traffic.

(b) Efficient execution of all works incidental to track maintenance, such as repairs to banks, bridges and structures affecting or pertaining to track except those items which are entrusted to works staff.

(c) Accountal and periodical verification of stores, tools and plant in his charge.

(d) Maintenance of land boundaries between stations.

(e) Welfare and effective maintenance of discipline amongst the labour and other staff placed under him.

(f) Accurate preparation of service books, master cards and status change reports, leave accounts, settlement and compensation papers and medical examination of all staff under him, as detailed in Chapter 39.

(g) Effective checking, accurate and timely preparation of attendance registers and attendance reports of the staff under him.

(h) Witnessing payment to staff and their correct identification.

To efficiently perform the above‑mentioned essential duties, the Permanent‑way Inspector should carry out various routine and periodical inspections and submit such returns and progress reports as are specified in this Manual and are ordered from time to tine.

1.4 Safety of the Track:

(a) Tae Permanent‑.way Inspector is directly responsible for the safety of the track. He should be vigilant to locate faults in the‑ permanent way and promptly rectify the same.

(b) Defects which are beyond his power to rectify should be immediately brought to the Assistant Engineer's notice and mention of the slime made in the permanent way quarterly certificate:.

(c) Permanent‑way quarterly certificate should be submitted on Form W W‑II‑R every three months on 15th of July, October, January and April. This is to be regarded as the most important document. The degree of the Permanent‑way Inspector's responsibility for an accident due to defective track or for a badly running section will be considered in relation to the remarks he has made in the quarterly certificate.

(d) Independent of detailed periodical inspections, the Permanent. way Inspector during his routine inspection should watch for any signs of weakness in bridges and structures affecting track and promptly report any matter demanding Assistant Engineer's attention, besides taking immediate safety measures as deemed necessary.

(e) Trees in proximity of and liable to foul the track during a storm should be got removed. Similar action should be taken particularly before monsoon season, regarding loose boulders or earth likely to slip in deep cuttings or high banks.

(f) No work affecting the safety of the track should be permitted except under the personal supervision of the Permanent‑way Inspector or Assistant Way Inspector. In such cases rules for protection of the line shall be fully observed and ensured by exhibi tion of engineering signals and issue of caution orders. Prior sanc tion of engineering blocks, speed restriction, etc., must be obtained as required under the rules, except in emergencies.

(g) Special attention should be paid to the efficient maintenance and upkeep of all level‑crossings and visibility on their approaches, curves, approaches to signals, major bridges, clearance of overhead crossings and infringement to standard dimensions.

(h) Effective and timely action should be taken to introduce patrolling on sections subject to heavy rains, sand‑storms and floods as per detailed instructions given in Chapter 21.

(i) To ensure efficient arrangement of storage and safe custody of tools, equipment and other materials with the gangs or spread along the line so as to avoid their getting into the possession of un authorised and maliciously inclined persons. Gang‑mates and other staff should be made to realise their full responsibility for the strict compliance of instructions in this regard. Where materials are spread for renewals, sufficient watchmen should be provided to patrol over the length at frequent intervals particularly before the passage of important trains during non‑working hours."

Section 1.3 clauses (e), (f ), (g) and (h) clearly show that the P. W. I. has a staff under him. 'He thus is the supervisor of the staff working under him. All the manual work is done by his subordinates gang and labour ‑and he supervises their work. Needless to say that track is inspected usually on a trolly driven by the trollymen. The gauge is checked by the P. W. I. by getting the scale placed between the line by his subordinates. If any fault is noticed, the same is got removed by the labourers under his supervision. Boundary marks are maintained. Trees projecting towards the track are got pulled down by P. W. 1. under his supervision. Bridges are inspected by him and faults are got removed and defects repaired by l his staff under his direct supervision. Since he maintains leave accounts, it means that be allows leave. As stated by him, his basic pay is Rs. 1,025 p. m. He thus comes within exception (b) of section 2 (xxviii) of the Industrial Relations Ordinance, 1969 and is out of the pale of workman. The learned lower Court failed to look into the duties of the P. W. I. given in the Way and Works Manual and thus fell in error by holding that he is a workman. The learned lower Court thus had no jurisdiction.

3. As a result, the appeal is accepted and setting aside the impugned decision, the grievance petition of the respondent is dismissed.

A. E. Appeal accepted.

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