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Appeal No. MN‑194 of 1982, decided on 21st April, 1982.
‑‑Ss. 2(xxviii) & 15‑A‑Workman‑Paish Imam of mosque‑Mosque situated in a Mill cannot be regarded as industry or commercial or industrial establishment‑Paish Imam of such mosque not performing any manual or clerical work and as such cannot be considered as workman.
Muhammad Anwar Awan for Appellant.
Date of hearing :19th April, 1982.
In this appeal the decision, dated 22nd February. 1982 has been challen ged whereby the grievance petition of the appellant brought against the termination of his service was dismissed on the ground that he was not a workman.
2. The appellant was Paish Imam of the mosque situated in the Mills and used to lead prayer. Admittedly the appellant had not been employed to work for any business of the respondent but simply to lead prayer in the Mosque. A Mosque is always dedicated to Almighty Allah and neither can be owned nor be possessed by any person. Likewise it cannot b regarded as an industry or commercial or industrial establishment or a part of it. Since the appellant was neither employed in any industry of commercial or industrial establishment nor he was employed for the business of the appellant nor he was performing any manual or clerical work ; thus by no stretch of imagination it can be said that he could bring an application under section 25‑A of the Industrial Relations Ordinance for his reinstatement on the post of Paisa Imam. He was not a workman and his petition was, therefore, rightly dismissed. There is no force in the appeal which is dismissed in 1lmine.
M. Y. M.
Appeal dismissed.
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