Case Details

Citation(s)
2019 SLG 1421 2019 SLD 1421 2019 PLC 83
Sindh High Court
Constitutional Petition No. D-761 of 2018, decision & hearing Dated: 02-03-2018.
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Javed Asghar Awan
Respondent(s) by: Malik Altaf Javaid Nos.1 to 12.

HABIB BANK LTD., THROUGH ATTORNEYS

VS

SAFEER AHMED AND 12 OTHERS

Law: Industrial Relations Act, 2012

Section: 33,54(e),57(2)(c)

Industrial Relations Act (X of 2012)--- ----Ss. 33, 54(e) & 57(2)(c)---Bank employee---Allegations of unfair labour practice---Retirement from service---Grievance petition---Injunction, grant of---National Industrial Relations Commission suspended order for retirement from service of the employee---Contention of respondent-Bank was that no order for reinstatement could be passed at the initial stage of grievance petition---Validity---Matter between the parties was still subjudice before National Industrial Relations Commission and jurisdiction to entertain the grievance petition was yet to be decided---Order to suspend the operation of retirement letter was not called for, in circumstances---Impugned order had been passed during pendency of grievance petition---National Industrial Relations Commission was directed to decide the matter within a period of thirty days in accordance with law---High Court directed that no coercive action should be taken in the meanwhile against the Bank---Constitutional petition was disposed of accordingly. Maersk Pakistan Limited v. Pakistan through Secretary Ministry of Overseas Pakistan and 11 others 2017 PLC 176 ref. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.---- The Petitioner, through the instant petition has impugned the stay order dated 16.01.2018 passed by learned Member of National Industrial Relations Commission Karachi Bench/Respondent No.13. 2. Facts of the case, in a nutshell are that Respondents Nos. 1 to 12 were employed by the Petitioner Bank as Senior Managers, Managers, Assistant Managers and Officers. Petitioner Bank has averred that they have completed 25 years of their services and as per Staff Service Rules of the Bank, Petitioner Bank reserved the right to retire any staff member who has completed 25 years of service in the Bank. Petitioner Bank has submitted that the Board of Directors of the Bank has decided to retire the Respondents Nos. 1 to 12 with certain benefits vide letter dated 21.12.2017. Petitioner has averred that the Respondents Nos.1 to 12 being aggrieved by and dissatisfied with the retirement letters challenged the same before the learned Member of NIRC Bench at Karachi by…
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