Law: Industrial Relations Act, 2012

Section: 33&2(xxxiii)

(a) Industrial Relations Act (X of 2012)--- ----Ss.33 2(xxxiii)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12---Individual grievance---Workman---Termination of employment---Scope---Appellant, a Bank employee, assailed dismissal of his grievance petition as well as his termination from service---Validity---Appellant was not Branch Manager in the respondent Bank---Banks witness in his cross-examination had admitted that job description of appellant was to open accounts, clearance of cheques, remittances, making draft and pay order; that appellant had no subordinates; that the appellant was working under the supervision of Manager Operations and that no power of attorney was executed by the Bank in favour of the appellant regarding hiring and firing and transfer of any employee---Bank could not bring on record any specific function of appellant which was managerial or supervisory in nature---Termination letter was issued without holding of enquiry which was mandatory under Industrial and Commercial Employments (Standing Orders) Ordinance, 1968 for termination of workman---Appellant was a workman and he was illegally terminated, therefore, he was re-instated with back benefits---Appeal was allowed. President Meezan Bank v. Nasir Jalil and others W.P. No.634 of 2015 ref. MCB v. Chairman Sindh Labour Appellate Tribunal 1992 PLC 1023; Dilshad Khan Lodhi v. ABL and others 2008 SCMR 1530 and N.B.P. Sindh Labour Appellate Tribunal 1992 PLC (C.S.) 94 rel. (b) Industrial Relations Act (X of 2012)--- ----S.2(xxxiii)---Worker---Workman---Scope---Question whether a person is a workman or not does not depend upon the designation but on the nature of duties. ORDER NOOR ZAMAN, MEMBER.--- The appellant was working as OG-II Officer in the respondent Bank when he was terminated from service vide letter dated 21-04-2015. He got/received the termination letter on 14-01-2016 and served grievance notice on respondent on 18-01-2016 and having no response filed grievance petition in the Peshawar Bench of NIRC. The learned member Peshawar Bench declared that the appellant did not fall within the ambit of workman, therefore, the NIRC got no…

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