1995 PLP 62 (PLC)

"(a) Plan the production output from ONE MACK and the requirement of yarn on a WEEKLY BASIS. (b)??????? Supervise the production of TEGARD LOOMS and ensure that a regular output is achieved. (c)??????? Supervise the back process from BATCHING to WINDING/BEAMING in the following capacity:‑‑‑ (i) Observe that activities in these sections are according to the planned allocations. (ii) Deviation from the planned allocation will be reported by you or SENIOR ASSISTANT in writing. (iii) Observe the quality of out from each section and coordinate with the Quality Control Office to ascertain quality standards. (iv)You will check whether the correct batch is running on the Finisher Cards and the silver weights in Carding and Drawings. (v) Deviations from standard quality at any section will be analysed by you to determine its probable cause and you report it to SENIOR ASSISTANT and MANAGER (PLAINNING & DEVELOPMENT with your proposed remedy of the problem. (vi) Plan for the outputs from each section taking into account the stock, so that at any stage there is no shortage, of R.M. (vii) Machine breakdown will be reported to SENIOR ASSISTANT and MANAGER (PLANNING & DEVELOPMENT) and note the time. (viii) You will inspect the condition of bobbins silver cans aid other important items in back process and report to SENIOR ASSISTANT wherever repair or replacement is required. (ix) You will check that the bobbins and spools are not being mixed up in Winding and Beaming." He also admitted that on his recommendation the services of some Persons who had been named were terminated and that he had recommended some persons for confirmation. He also admitted signing a number of documents as the Head of the Department. There were promotions also in his recommendation and that he had written to the Labour Officer asking him to accept the resignation of some persons. He had issued gate passes also copies thereof were kept on record. There were overtime payments also on his recommendation. There were also documents to show that machine parts used to be issued from the store on his recommendation in the capacity of the Incharge and he granted short leaves also to the workers in his charge also conceded that the maintenance of the machines used to be done by the fitters. He further admitted to have received the management standing instructions and the same read as follows:‑‑‑ (A) MANAGEMENT TIME AND COMPANY RESOURCES: It is to be understood by members of the management that they are employed on full time basis. It follows therefore that the Company does not want its management to be involved directly or indirectly in any vocation, business or commercial involvement during or after working hours without the permission of the Management Director or Chairman. It follows also that all the Company's property viz offices, office facilities, transport etc. as well as its employees must not be used for personal work unless specific permission is taken. (B)?????? DEBT/GIFT A member who gets into debt must inform his Managing Director, the information will be treated as strictly confidential. All members are forbidden to accept gift or borrow money from another employee of the Company or from a Distributor or a Customer. Personal gifts when given received consequent to business etiquettes must be within the‑knowledge of the Managing Director or Chairman. (C)?????? CONFIDENTIALITY All company affairs must be treated as confidential and not discussed with third parties. Deliberate leakage of sensitive information will be viewed very strictly. (D)?????? INVESTMENT/DISINVESTMENT IN GROUP COMPANIES Any member of management who wishes to invest or disinvest for self or his family members in our Group of Companies shares can do so, provided he has given prior information of his investment or dis-investment to the Chairman of the Group through the Central Office. (E)?????? MANAGEMENT BEHAVIOUR Any personal behaviour by a member of management either during or outside hours of work which brings disrepute to the Company will be viewed very strictly. (F)?????? Infringement of any of the above instructions will be viewed seriously and can lead to instant dismissal. I ACCEPT THE ABOVE. (Sd.) Jamil,Ahmed. Jr. Asstt.

6. A bare reading of evidence on the record is enough to show that the pith and substance of the duties, being performed by the appellant was of supervisory nature. The incidental and ancillary work though performed 13 manually do not count. See Karachi Shipyard & Engineering Works Limited v, Abdul Ghaffar and others 1993 SCMR 511 where even an Assistant Foreman was found to be holding an office of supervisory jurisdiction. The same view was taken in Ganga R. Madhani v. Standard Bank Limited and others 1985 SCMR 1511. There is an array of authorities to this effect and Mr. Rafat Usmani had referred me the judgment of Sadiq Ali Khan v. Punjab Labour Appellate Tribunal and 2 others 1994 PLC 11 wherein recommendations on the applications by signing relevant columns reserved for the Head of the Department, recommending appointments of candidates applying for service, and verifying travelling expenses vouchers were found to be sufficient to establish that the nature of the duties was supervisory. In this state of the law the view taken by the Labour Court needs no interference. I will therefore, affirm the order and dismiss the appeal. H.B.T./2362/Lb.S ?????????????????? ??????????????????????????????????????????????? ??????????? Appeal dismissed.