| Citation(s) |
|---|
| 2013 SLG 1732 2013 SLD 1732 2013 PLC 23 |
Labour Appellate Tribunal, Balochistan
Labour Appeal No.47 of 2011, decision dated: 3rd August, 2012
ABDUL GHIAS NOUSHERWANI, MEMBER
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Labour Appeal No.47 of 2011, decision dated: 3rd August, 2012
ABDUL GHIAS NOUSHERWANI, MEMBER
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HABIB BANK LIMITED through President and 2 others
VS
ATTA MUHAMMAD
Law:
Section:
(a) Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 41 & 55---Industrial Relations Act (X of 2012), Ss.3, 34(2) & 54(a)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Termination of service---Grievance petition---Services of the employee were terminated after charge-sheeting him and holding inquiry against him on ground of absence from duty---Grievance petition filed by the employee against order of termination was accepted by the Labour Court---Counsel for the employer had objected with regard to jurisdiction of Labour Court to the effect that only National Industrial Relations Commission was competent for matters relating to the employers and employees, having its establishment in more than one Province---Validity---Jurisdiction of National Industrial Relations Commission was confined to the matters affecting the affairs of establishments and employees within the entire country, or within the Provinces where the employer had establishment in more than one Province; to Trade Union or Collective Bargaining Units representing such employees, having their membership in more than one Province; and to matters of unfair labour practice---Matters of purely local nature were not under the jurisdiction of National Industrial Relations Commission---Matter in the present case related to an individual pertaining to the termination of his services, which not only was a matter of local nature, but was also covered under Balochistan Industrial Relations Act, 2010---Employee was ordered to be reinstated, and reported his arrival, but he was not posted and no salary was paid to him, and he was not reinstated according to law by the order of the court---Employee was not restored on his original position or office from which he was removed---Employee was not allowed to produce any evidence in inquiry proceedings---Judgment/order passed by Labour Court, was neither arbitrary nor perverse to invite interference by Labour Appellate Tribunal---Order passed by the Labour Court was maintained, with direction that employee be reinstated from the date of his termination with all back benefits admissible under the law /…
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