Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)--- --------Sections 46 & 2 (xxx)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(6)---Grievance petition--- Bank manager--- Retirement--- Gratuity, determination of---"Workman"---Factors for determination---Persons performing managerial or administrative duties had been excluded from the category of "workman"---Employee, in the present case, was serving as Officer Grade-1 at the time of his retirement and he was posted as Branch Manager---Employee was not serving as "workman" at the time of his retirement---Mere designation was not sufficient to determine as to whether a person was "workman" or not rather duties being performed by him were the determining factor---Nothing was on record that employee was performing duties of manual or clerical nature---Branch Manager was considered to be a supervisory officer and duties being performed by him being of managerial nature could not be dubbed as "workman"---When employee did not fall within the category of "workman", provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were not applicable to him---Grievance petition before the Labour Court was not competent as employee was not workman at the time of filing of the same---Impugned s passed by the courts below were set aside and grievance petition was dismissed---Constitutional petition was allowed in circumstances. Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2008 SCMR 1530; Samad Rubber Works (Pvt.) Ltd. through MD. v. Authority under Payment of Wages Act, 1936 and 2 others 2014 PLC 308; M/s Coca Cola Beverage Pakistan Ltd. through Authorized Officer/Industrial Relations Manager v. Registrar Trade Unions Sindh and 3 others 2010 PLC 48; Muhammad Ashraf v. Pakistan Railways and others 2007 CLC 40;Taj Din v. Pioneer Steel Mills Ltd. 1984 PLC 403 and Abdus Salam Khan v. Pakistan Railways through Division Superintendent, Lahore 1984 PLC 572 ref. Muslim Commercial Bank Ltd. and others v. Muhammad Shahid Mumtaz and another 2011 SCMR 1475 rel. (b) Constitution of Pakistan--- --------Art. 199---Constitutional…

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