Mirza RIZWAN vs The NEWS INTERNATIONAL, LAHORE Ss — 2024 PLC 55 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

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Mirza RIZWAN VS The NEWS INTERNATIONAL, LAHORE Ss.2(d), 13 & 17---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Sched, S.Os. 1(a) & 1(b)---Petition by a newspaper employee who was initially employed on contract basis---Outstanding amount regarding salary etc., recovery of---Implementation Tribunal for Newspaper Employees, jurisdiction of---Permanent employee/workman---Scope---Newspaper establishment denied relationship of employer and employee with the petitioner and contended he was a contractual employee---Contention of the respondent (newspaper establishment) was that the petitioner not being permanent employee was not entitled for grant of benefits under the 7th Wage Award---Held, that the contention of the respondent was of no avail as the definition of "newspaper employee" as provided in S.2(d) of the Newspaper Employees (Conditions of Service) Act, 1973, a "newspaper employee meant any person employed to do any work in, or in relation to, any newspaper establishment"---According to S. 17 of the Newspaper Employees (Conditions of Service) Act, 1973, provisions of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 ('the Ordinance, 1968'), had been made applicable to the newspaper establishment---Standing Order 1(a) of the Ordinance, 1968, enumerated different kinds of workmen while Standing Order 1(b) of the Ordinance, 1968 defined a permanent workman as a workman who had been engaged to work of a permanent nature likely to last more than 9 months and had satisfactorily completed a probationary period of three months in the same or another occupation in the industry of commercial establishment---In the light of said definition of permanent workman, the petitioner would be deemed to have acquired the status of a permanent workman on completion of three months of his service as a Sub-Editor in the respondent/establishment on the basis of his contract of service as he continued to serve for the full period of contract from which it was to be presumed that his work during first three months was found satisfactory and he was allowed to perform the work assigned to him and the same was of permanent nature---After having put in more than 14 years of continuous service on a post and having performed work which was of permanent nature, the petitioner had acquired the status of a permanent workman---Petitioner/employee was entitled for the amount prayed for as the respondent/establishment had not disputed/rebutted the calculation of arrears, which amount was to be recovered from the respondent / establishment---Application was allowed, in circumstances.

Mirza RIZWAN vs The NEWS INTERNATIONAL, LAHORE Ss — 2024 PLC 55 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

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