Law:

Section:

Industrial Relations Act (IV of 2008)------Ss. 2(xxix) & 25---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(1)---Constitution of Pakistan, Art.199---Constitutional petition---Status of 'workman', determination of---Full Bench of National Industrial Relations Commission had held petitioner not to be a 'workman' because he was occupying the post of Branch Manager of the Bank---Contention of counsel for the petitioner was that he was Manager of a two-men Branch; and that such Manager was a "workman" on account of nature of the duties performed by him and that National Industrial Relations Commission, should have directed the recording of evidence in order to determine the status of the petitioner under the labour laws---Validity---Where it was alleged that on account of being a Manager of a two-men branch, the nature of the duties of a claimant was such as to bring him within the definition of a "workman", then the plea would require the recording of evidence about the nature of his duties---In the present case no documentary material supporting the pleas taken by the petitioner, both about the nature of his duties; and as to his status as a member or office-bearer of a Trade Union was attached thereto---National Industrial Relations Commission by impugned order, had outrightly dismissed petitioner's case mainly on the ground of its non-maintainability that petitioner was not 'workman' because he was a Manager of branch of Bank---Point of locus standi, depended on factual premises of the case---Petitioner had a right to establish his factual claim to establish locus standi on the settled criteria by leading evidence---Impugned order was set aside---For resolving the controversy on petitioner's standing; and if need be its merits, matter was remanded to the competent Bench of the National Industrial Relations Commission. National Bank of Pakistan v. Punjab Labour Court No.7 1992 SCMR 1891; Allied Bank of Pakistan v. Muhammad Hamayun Hussain 1988 SCMR 1664; Javaid Hussain Naqi v. Member Board of Directors, M.C.B. and others 2009 PLC 260 SC and National Bank of Pakistan v. Punjab Labour Court No.5, Faisalabad and 2 others 1993…

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