Law:

Section:

AJ&K Industrial Relations Ordinance 1974-- ----Ss. 30 & 42--Azad Jammu & Kashmir Interim Constitution Act, 1974--Civil appeal before Supreme Court--Termination of services--Determination of "workman"--Powers of Labour Court--Rejection of grievance petition--Appellant were employees of a private bank, filed grievance petition against their termination bank sought rejection of grievance petition on ground that appellants were not workman dismissal by labour Court--Acceptance of application by High Court--Challenge to--Maintainability--Appellants contended that High Court had wrongly interpreted definition of workman, added that mere designation of manager does not ipso facto exclude them from definition of Workman--Further contended that appeal was maintainable before tribunal, as such, High Court wrongly assumed jurisdiction--Validity--Under Section 42, IRO, appeal can only be filed in labour appellate tribunal where a decision is given under Section 41 IRO by labour Court--Under Section 41, labour Court is vested with power of adjudicating and determining any industrial dispute, whereas, respondents invoked jurisdiction of High Court for determining of authority of labour Court to adjudicate upon matter through writ petitions--All decisions of labour Court other than awards and decisions in Section 45(3) and sentences in Section 41(3) shall be final and shall not be challenged before any Court or authority--Petition before High Court declared to be maintainable. AJ&K Industrial Relations Ordinance 1974-- ----S. 30 & 42--AJ&K Interim Constitution Act, (VIII of 1974)--Civil appeal before supreme Court--Termination of services by united bank limited-determination of "workman"--Duties of functions--Question of--Whether appellants fall within the definition of working workman--Section 42 unambiguously speaks that employees who are assigned managerial or administrative duties are excluded from definition of workman/worker--It is admitted position that appellants were serving as officers of bank in Grades II and III--Officers of grade II were serving as branch mangers in bank, who explicitly falls within definition of employees who perform…

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