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GETZ PHARMA (PVT.) LIMITED, KARACHI vs MUHAMMAD NAFEES S — 2021 SCMR 1785 SUPREME-COURT

Case information

Citation
2021 SCMR 1785 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
GETZ PHARMA (PVT.) LIMITED, KARACHI vs MUHAMMAD NAFEES S
Subject matter
Labour
Provisions referred to
S. 15; S. 2; Wages Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GETZ PHARMA (PVT.) LIMITED, KARACHI VS MUHAMMAD NAFEES S. 15(1)--- Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i) & Sched., S.O.12(6) & 12(7)---Sales Managers employed on contractual basis on managerial positions dismissed from service---Gratuity and Provident Fund, entitlement to---Whether the dismissed sales managers were workmen, and thus qualified to receive benefit of Gratuity and Provident Fund---Held, that a salesman by very nature of his work was not a workman and did not fall within the ambit of the term workman---Position of a salesman did not predominantly involve manual or clerical work and as such was not considered to be a workman within the meaning of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968[ 'Ordinance of 1968']---In the present case, the respondents (employees) while filing their applications under S. 15 of the Payment of Wages Act, 1936 before the relevant Authority had not at all claimed themselves or pleaded in their applications that they were workmen performing manual or clerical work in terms of S. 2(i) of the Ordinance of 1968 , and they also did not record any evidence to such effect--- Claim of the respondents (employees) to the extent of payment of Gratuity and Provident Fund was dismissed---Petitions for leave to appeal were converted into appeals and allowed accordingly.

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