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Appeal No. FD‑279 of 1983, decided on 27th June, 1984.
‑‑--S. 2 (xxviii) [as amended by Industrial Relations Amendment Act (XXIX of 1973)], Ss. 25‑A & 38 (3)‑"Workman"‑Every employee a workman if not covered by exceptions (a) and (b) of S. 2 (xxviii)‑Bank employee Grade III Officer‑No evidence produced regarding duties and wages‑Whether or not such employee was a workman, held, could not be decided in absence of evidence‑Order of Labour Court accepting grievance petition, in circumstances, set aside by Appellate Tribunal and case remanded for decision afresh after opportunity of evidence to parties.
M. S. Bokhari for Appellant.
Respondent in person.
Date of hearing: 24th June, 1984.
The decision dated 4th April, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad has been challenged, whereby the demotion, order was set aside and the respondent was directed to be reported as officer Grade‑III.
The allegation as contained in charge sheet Exh. P‑1 were regarding the irregularities committed by the respondent. So far as the point of workman is concerned. The learned lower Court has without any evidence held the respondent as a workman. As the respondent was an officer Grade‑III, the onus was upon him to prove that in spite of being an officer, he was, according to his duties, a workman but he did not produce an iota of evidence on the point. Even in his own statement he did not say any thing about his duties. He even did not disclose what wages he was getting. The appellant too did not touch the point of workman in the evidence. Every employee is a worker if he does not come within the definition of employer and also is not covered by any of the exceptions (a) and (b). Since there is no evidence, the point cannot be finally decided. It appears necessary that opportunity be given to both the parties to lead evidence of the point, so that it could be properly and finally decided. Since the case is being remanded no finding on merits need be given at this stage.
3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded with the direc tion that after affording last opportunity to both the parties to produce evidence, the case be decided afresh.
A. E.
Appeal accepted.
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