Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)--- ----Ss. 2(xxxi), 33 & 47---Dismissal from service---Workman, determination of---Respondent employee who was serving as Manager of a Branch of Bank, was dismissed from service on account of alleged fraud and misappropriation---Employee filed grievance petition against order of his dismissal from service, which was allowed by the Labour Court---Validity---Employee by his own showing, was serving as a Manager of Branch of the bank, when he was charge-sheeted for misconduct and after holding a fair, proper and impartial enquiry he was dismissed from service---When employee conceded himself to be Manager, the size of the branch of bank, would become immaterial---Employee who was working as Manager, which was supervisory, managerial and directional capacity, was not entitled to seek relief from the Labour Court and could not be termed as a workman and would not fall within the category of "worker"---Employee, being not workman, was not entitled to invoke jurisdiction of the Labour Court---Impugned order of Labour Court was set aside, in circumstances. Javaid Hussain Naqi v. Member Board of Directors MCB and others C.P.L.A. No.1069 of 2008 and Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2008 SCMR 1530 rel. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This appeal challenges the vires of the judgment dated 30-11-2002 passed by the learned Presiding Officer, Punjab Labour Court No.9 Multan whereby the grievance petition filed by the appellant was allowed and he was ordered to be reinstated without back benefits. 2. The facts relevant for the disposal of this appeal briefly are that the respondent was serving as a Manager in Muslim Commercial Bank Limited, Mailsi Branch of the bank and he was dismissed from service on account of alleged fraud and misappropriation which was detected by the Inspection Circle Office Multan on 3-3-1993. He denied the charges but after due process of enquiry he was dismissed from service vide order dated 16-10-1994. 3. The learned Labour Court after recording evidence and hearing arguments of the parties allowed the grievance petition as indicated above. 4. It was submitted at…

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