1995 PLP 598 (PLC)

(a) Organization and Administration of Stores and its staff. (b) Implementation of policies, directives and instructions with regard to storage and its maintenance. (c) Receipts, inspections, storage; binning, care, preservation and issue of stores. (d) Security of stores. (e) Scrutinising and finalizing the periodical demand of production material and other stores in consultation with Heads of Department before demand is placed. (f) Liaison with all Departments. (g) Annual stock taking of stores. (h) Periodical auction of unserviceable and disposal of surplus stores as per orders/sanction of the G.M. (j) Keeping store inventory under control. (k) As Officer Incharge, Sugar Godown he is responsible for receipt, proper staking, storage, security, check reports and returns issue, loading and despatch with proper documentation. (l) Administration and control of Sugar Godown Staff. (m) He is responsible for safe and proper storage of molasses, bagasse sugar and scrap. He will sign all excise and Mills gate passes and shall ensure that one vehicle load goes out on one gate pass. (n) Will ensure that molasses is not drained out on any pretext unless ordered in writing by G.M. (o) He will ensure that the molasses tanks and pits are safe for storage and will immediately inform the Management in case of any danger of spill. (p) He will ensure that each molasses tanker, sugar truck and bagasse truck is weighed at the Main Weighbridge before it leaves the Main Gate of the Mills. (q) Any other duty assigned by G.M."

12. According to Exh. R‑11 the staff of Main Store comprised one Senior Store‑Keeper, four Store‑Keepers, three Clerks and eleven General Duty labour and the staff of Sugar Godown consisted of one Incharge Sugar Godown, one Assistant Godown Incharge, three Clerks and three General Duty Labour. Captain (Retd.) Lutfullah, Senior Store‑Keeper said in his cross- examination as R.W. 2 that the three Store‑Keepers were working under him, that the Deputy General Manager was the head of department of stores that his leave and that of the Store‑Keepers was sanctioned by the General Manager and that fixation of overtime duty and movement was regulated by the Deputy General Manager. He further stated that certain receiving reports in respect of the stores were prepared by the appellant and he used to check those reports. Certain duties of the Stores Officer were described in Exh.P-10 also according to which, the Stores Officer was required to prepare certain reports and send them to the quarters concerned. He also used to issue gate passes for bagasse molasses etc. Leave forms (Exhs. R‑14 to R‑14/14) showed that he was authorized to sanction casual leave to clerks and labour working in the Main Store. The overall evidence indicated that the appellant in the discharge of his duties was not performing directional or managerial functions. He did not possess any power to hire and fire. His administrative function was confined only to sanction casual leave to clerks and labour posted in the Store. He was not acting mealy as a supervisor. His duties involved his mobility and physical exertion. In these circumstances, the appellant was, by all means, a workman both under the Industrial Relations Ordinance, 1969 and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

13. For the foregoing reasons, I accept this appeal, set aside the impugned decision and remand the grievance petition to the learned Labour Court for its decision in accordance with law after adjudication of other controversies on law as well as on facts. 14 The parties shall appear before the learned Labour Court on 16th of July, 1995. H.B.T./785/Lb.P Appeal accepted.