| Citation(s) |
|---|
| 2015 SLG 1628 2015 SLD 1628 2015 SCMR 434 |
Supreme Court of Pakistan
C.P.L.A. Nos. 2119 to 2121 of 2013 and 800 of 2014, decision dated: 8-12-2014.(On appeal against a common Judgment dated 29-10-2013, passed by the Islamabad High Court, Islamabad, in W.Ps. Nos.3948 and 4061 of 2013 and R.A. No.8 of 2013)
NASIR-UL-MULK, C.J., GULZAR AHMED AND MUSHIR ALAM, JJ
Shahid Anwar Bajwa, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners (in C.Ps. Nos.2119 to 2121 of 2013). Qazi Ahmed Naeem Qureshi, Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.
C.P.L.A. Nos. 2119 to 2121 of 2013 and 800 of 2014, decision dated: 8-12-2014.(On appeal against a common Judgment dated 29-10-2013, passed by the Islamabad High Court, Islamabad, in W.Ps. Nos.3948 and 4061 of 2013 and R.A. No.8 of 2013)
NASIR-UL-MULK, C.J., GULZAR AHMED AND MUSHIR ALAM, JJ
Shahid Anwar Bajwa, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners (in C.Ps. Nos.2119 to 2121 of 2013). Qazi Ahmed Naeem Qureshi, Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.
NATIONAL BANK OF PAKISTAN and anothers
VS
ANWAR SHAH and others
Law:
Section:
(a) Industrial Relations Act (X of 2012)-------S. 2(xxxiii)---"Workman", definition of---Scope---Nature of duties and functions---Designation of a person could not be considered to be a factor determining his status of employment in an establishment to be that of an "officer" or a "workman"---Nature of duties and functions of a person was to be considered to be the factor which would determine whether his status was that of a "workman" or not--- Designation per se was not determinative of a person being a "workman" rather the nature of his duties and function determined his status. National Bank of Pakistan v. Puniab Labour Court No.5, Faisalabad and others 1993 SCMR 672 ref. (b) Industrial Relations Act (X of 2012)--- ----Ss. 2(ix), (xxxiii) & 54---"Workman", status of---Grievance petition filed before the Labour Court---Maintainability---Person who approached a Labour Court for redressal of his grievance claiming himself to be a workman and such status of workman was denied by the employer, it became a bounden duty of such person to demonstrate through evidence that his nature of duties and functions were that of a workman and not that of a managerial or administrative capacity and that he was not an employer---Unless such categorical evidence was led by such person, he would not be considered to be a workman and his grievance petition would not be maintainable before the Labour forum. National Bank of Pakistan v. Punjab Labour Court No.5, Faisalabad and others 1993 SCMR 672 ref. (c) Industrial Relations Act (X of 2012)--- ----S. 2(xxxiii)---"Workman"---Scope---National Bank of Pakistan---Officers Grade I to III were not "workmen"---On the basis of union's claim no declaration could be given that the Officers Grade-I to III in the establishment of National Bank of Pakistan were workmen---Order passed by National Industrial Relations Commission to the effect that Officers Grade-I to III were not workmen, was upheld---Appeal was allowed accordingly. JUDGMENT GULZAR AHMED, J.---In Civil Petition No. 629 of 2008 filed by the NBP Staff Union, this Court directed the NIRC to hold fresh elections of all CBUs in the establishment of National Bank of Pakistan…
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