Law: Industrial Relations Ordinance, 2002

Section: 2(xxx),46

(a) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 46 & 2(xxx)---Grievance petition/notice---Limitation---Bank Manager---Allegation of misconduct---Dismissal from service---"Workman"---Determination of---Principles---Employee sent grievance notice to the employer after more than three months of his bringing grievance through departmental appeal to the notice of employer---Employee did not take the matter to the Labour Court within two months after waiting for reply for fifteen days of his sending grievance notice to the employer---Grievance petition of employee was time-barred---Mere designation of a person would not define him as workman or otherwise---Nature of duties and functions would determine the position of a person---Burden to establish that a person was a "workman" would be on the one who with the said claim came to the Court pleading some grievance against his employer---Any person who did not fall within the definition of employer and was employed in an establishment and was not performing managerial or administrative duties would be considered as a "worker or workman"---Employee, in the present case, was Grade-III officer of the Bank and posted as Manager, he was bound to establish that he was a "workman"---Employee as a Manager/officer of the branch had administrative control over the staff working in and posted in the branch---Nature of duty of employee was administrative and supervisory---Grievance petition of the employee was not maintainable---Findings recorded by the Courts below were not sustainable---Impugned s were set aside and grievance petition was dismissed---Constitutional petition was allowed in circumstances. 2009 PLC (C.S.) 281; SBLR 2010 Sindh 358; 1990 PLC 523; 1979 SCMR 304; 1988 SCMR 1664; 1989 SCMR 317; 1992 SCMR 1891; 1997 PLC 34; 2009 PLC 171; 2007 PLC 472; 2003 PLC 443; 2003 PLC 99; 1993 PLC 841; 1983 PLC 498 and 2008 PLC 40 ref. (b) Industrial Relations Ordinance (XCI of 2002)--- ----S. 2(xxx)---"Workman"---Scope. The workman has been defined in section 2(xxx) of the Industrial Relations Ordinance, 2002, as a person who is not an employer and who is employed in an establishment or industry for remuneration or…

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