1976 PLP 335 (PLC)

It is also admitted position that on 30-10-1974 he was confirmed as Industrial Relations Advisor with effect from 1-6-1974. It would be neces sary to reproduce his confirmation order, page 243, as under: Confirmation.-We refer to our discussion with you and are now pleased to advise you of your confirmation in this Company as Industrial Relations Advisor with effect from 1-6-1974. The terms and conditions of your employment will now be as follows:

1. Salary and allowances.-Your salary will be Rs. 2,000 (Rupees two thousand only) per month to be divided into basic and Dearness Allowance as per Company rules. In addition you will receive 25% Accommodation Allowance and 25 % Transport Allowance, making your total emoluments Rs. 3,000 per month.

2. Provident fund.-You will now become eligible to join the Senior Staff Provident Fund operated by the Company. A copy of the rules and regulations of the Fund can be obtained from the Accounts Department.

3. Working hours. Mondays to Thursdays ... ... 8-30 a.m. to 1-00 p.m. 1-30 p.m. to 4.30 p.m. Fridays ... ... 8-30 a.m. to 12-30 p.m. 1-30 p.m. to 4-30 p.m. Saturdays ... 8-30 a.m. to 12-30 p.m. Sundays ... Free The Company reserves the right to change timings as required from time to time. Depending upon exigencies of work you will be expected to work such additional timings as may be necessary for completing your duties efficiently.

4. Medical Facilities.-Reimbursement of actual expenses can be claimed for your own medical treatment, except expenses incurred for dental or optical treatment and hospitalisation. The Company will also subscribe to the Karachi Chamber Hospital svheme for the benefit of yourself, your wile and children.

4. Leave entitlement.-You will be entitled one month's privilege trove for each completed year of service, calculated from the date of joining the Company. Sick and Casual leave may be granted as admissible to the Company Officers.

6. Responsibilities and Authority.-The Industrial Relations Adviser is directly responsible to the Works Manager for all duties set out in the job specification, a copy of which has already been supplied to you. you will have authority over the staff directly under your control. It will be necessary for you to maintain close contact with officers and staff of other departments. The Management expects that at your level whereas policy instructions will be given and guidance available, you will show initiative and ability to make decisions based on sound appreciation of technicalities and good common sense. All other terms and conditions of employment will be governed by existing rules of the Company as applicable to the officers and as amended from time to time. You may now study the various terms and conditions stated above and sign the duplicate of this letter and return to us for our record, in token of your acceptance of these terms and conditions. The appointment order as well as confirmation order, reproduced above, establish that the nature of his duties were that of supervisory, administrative and advisory and his monthly salary was Rs. 3,

000. In addition to these orders reproduced above, the respondent was given his job description dated 19-2-1974 containing his powers, duuties, respon sibilities and assignments. The respondent has cleverly suppressed the job description and has deliberately failed to produce it. The appellants have brought it on record. It is page 247 to

251. A perusal of the job descrip tion makes it clear that this nature of duties were to advise the appellant's Company, manage the affairs and supervise the work of the workers etc. Apart, there is ocular as well as documentary evidence on record. Evidence of Mr. Mohi-ud-Din Qureshi, Secretary and Director of the Company establishes that the respondent performed Managerial, Advisory and Administrative duties. Mr. Mohiud-Din gets corroboration from many documents exhibited an record. The documents Exh. R-1, Exh. R-2, Exh. R-3, Exh. K-I, Exh. R-5. Exh. R-6, Exh. R-7, Exh. R-8, Exh. R-9, Exh. R-10 and Exh. R-I1 clearly show that the respondent had powers of hire and fire as well as managerial and supervisory prior to 1-1-1975. No doubt his powers of hire and fire were withdrawn and curtailed because of misusing them but nevertheless he had advisory, managerial and supervisory powers even after 1-1-1975 and he did exercise those powers as evident is from docu ments vide pages 105, 107, 109, 111 and

119. It may be added here that letter 107 shows that he bad authorised payment of Rs, 900 to Canteen workers on 1-1-1975. He had also authorised payment of Rs. 50 to Mr. S. A. Afghan on 2-1-1975 vide page

105. Similarly he bad authorised payment of Rs. 548.75 to Bundoo Khan on 2-1-1975 vide page

111. He had upgraded a worker namely Ali Muhammad to Grade II on 1-1-1975 vide page

117. He had approved payment to Muhammad Ashraf vide letter page

109. Even respondent himself has admitted in his cress-examination that he ass performing miscellaneous duties and advising the Management on Industrial matters. His witness Nabi Ahmad Khan has admitted in cross -examination that respondent belonged to officer's grade. His another witness S. Furqanali has admitted in his cross-examination that respondent was Bead of Personnel Department in 1974. These admissions of the respondent and his witnesses further go to establish that he was not a workman . Mere withdrawal of his hire and fire powers under letter page 81 and curtailment of his powers under letters vide pages 205, 207 and 209 do not mean that he was reduced to tile position of a clerk. In spite of his certain curtailment of powers he continued exercising other advisory, supervisor and managerial powers. His other powers as specified in letter page 247 remained intact. His designation, his status, his powers, his nature of duties, responsibilities, his emoluments and rank remained unaffected even after 1-1-1975 till the date of his termination from service. In his reply to charge-sheet as well as first representation vide page 151 nowhere the respondent says that be was reduced to a position of a clerk. At a later stage the respondent has made an attempt to improve his case by cooking up a tale that his status was reduced to that of clerk. At any rate it is al case of reduction of some powers of respondent but not a case of reduction or reversion of his post or rank. Till his last day of service be held same post, drew same pay of Rs. 3,000 per month and enjoyed same advisory, managerial and supervisory powers. There was no change at all in his status or rank. Thus the oral evidence as well as documentary evidence coupled with admissions of the respondent and his witnesses and circumstances on record as discussed above, prove that the respondent cannot fall within the definitions of the workman as defined in West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, as well as Industrial Rela tions Ordinance, 1969. Therefore the application under section 25-A of I. R. O., 1969 was incompetent and not maintainable in law. The impugned order is bad and perverse. Accordingly I set it aside and accept the appeal. No costs. Decision dictated in presence of parties and their Representatives in open Court.