PACKAGES LIMITED vs PUNJAB LABOUR APPELLATE TRIBUNAL Ss — 2025 PLC 1 LAHORE-HIGH-COURT-LAHORE

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PACKAGES LIMITED VS PUNJAB LABOUR APPELLATE TRIBUNAL Ss.2(xxxi) & 33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(a) & (h)---Grievance petition---Maintainability---"Workman"---Determination of---Procedure---Respondent/employee while working as Operator with petitioner-company was proceeded under the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (Ordinance) on the allegation of misconduct---Duties, being performed by a person, are determining factor to adjudge as to whether he/she is a workman or not---Prosecution witnesses deposed in their examination in-chief that respondent had been performing duties of manual nature, thus, the plea of petitioner-company that the accused employee did not fall within the category of a workman, being contrary to the record, could not be given any weightage---Disciplinary proceedings were initiated against the respondent/employee for alleged violation of Standing Order No.15(3)(a) & (h) of the Ordinance, which starts with the words that a workman may be reprimanded or fined meaning thereby that the same is meant for a worker---Respondent filed grievance petition under S.33 of Punjab Industrial Relations Act, 2010 (Act) and the preamble thereof shows that the same has inter alia been enacted to regulate relations between employers and workmen---From inception of disciplinary proceedings upto issuance of dismissal letter of respondent, the petitioner-company itself had been relying upon different provisions of the Ordinance----Punishments provided under Standing Order 15 of the Ordinance are only meant for a workman and if the same was inapplicable to respondent, the entire proceedings conducted against him would stand nullified---Employer could not be allowed to blow hot and cold in the same breath inasmuch as once the status of a person had been admitted as workman, the same could not be allowed to be retracted without any change in the nature of his work---Constitutional petition was dismissed, in circumstances.

PACKAGES LIMITED vs PUNJAB LABOUR APPELLATE TRIBUNAL Ss — 2025 PLC 1 LAHORE-HIGH-COURT-LAHORE

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