| Citation(s) |
|---|
| 2011 SLG 1657 2011 SLD 1657 2011 PLC 358 |
Labour Appellate Tribunal, Punjab
Appeal No.GA-804 of 2009, decision dated: 9-06-2011.
ABDUL HAFEEZ CHEEMA, CHAIRMAN
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Appeal No.GA-804 of 2009, decision dated: 9-06-2011.
ABDUL HAFEEZ CHEEMA, CHAIRMAN
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ALLIED BANK OF PAKISTAN LTD. Through Senior VicEPresident (Personnel Division), Karachi
VS
MUHAMMAD ABDULLAH CHAUDHRY ALLIED BANK OF PAKISTAN LTD. Through Senior VicEPresident (Personnel Division), Karachi vs MUHAMMAD ABDULLAH CHAUDHRY
Law:
Section:
Punjab Industrial Relations Act (XIX of 2010)------Ss. 2(xxxi), 33 & 47---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O.15---Dismissal from service---Grievance petition---'Workman', status of---Determination---Employee who was promoted as Bank Manager, served at different branches of the bank; he being accused of misconduct was dismissed from service---Employee filed grievance petition which was accepted---Validity---Grievance petition by the employee was objected to on the ground that employee was not "workman" and his grievance petition was not maintainable---Duties performed by the employee, were managerial, administrative, directional and supervisory in nature---Person who was manager of a bank and was working in a supervisory capacity, could not be termed as a "workman"---Employee, in circumstances, was not entitled to invoke the jurisdiction of the Labour Court for seeking relief---Order of Labour Court, whereby grievance petition of the employee was accepted, was set aside. 2001 PLC 614 ref. Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2008 SCMR 1530 rel. Javed Asghar Awan for Appellant. Khadim Hussain Tahir for Respondent. Date of hearing: 9th June, 2011. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This appeal assails the legality of the judgment dated 4-4-1989 passed by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala whereby the grievance petition filed by the respondent was accepted with back-benefits. 2. The case has somewhat chequered history. The respondent was employed in the appellant bank on 3-4-1965 and with the passage of time due to his hard work he was promoted as Manager and served at different branches of the bank as Manager. He was however accused of some misconduct and was dismissed from service vide order dated 23-10-1984. 3. He filed a grievance petition before the Labour Court No.7, Gujranwala which was allowed vide order dated 4-4-1989 and was ordered to be reinstated with back benefits. 4. The bank assailed the order in the Punjab Labour Appellate Tribunal but their appeal was dismissed on 22-11-1989. After the dismissal of the appeal the…
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