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SADIQ ALI KHAN versus PUNJAB LABOUR APPELLATE TRIBUNAL


West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 Section 2 (i) It shall be the responsibility of the person to prove that a particular person was a laborer. Such a transaction should be excluded by reasonable proof while the duties of the concerned person should be considered in determining such question mark and substance, neither the designation of the post nor the salary. It would be more appropriate to consider the nature of duties, subsidiary and incidental nature. The duties should not be overemphasized when the evidence on record suggests that the employee was recommending his employees' leave requests and a signed note that could be made on a temporary basis by a particular person, He can perform such duties as he performs. Maulvi is not considered to be a mere matter in nature, therefore, the employee was not the one to request the Labor Court's jurisdiction against dismissal.

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