Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)-------Ss. 33 & 47(5)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i), S.O.15---Civil Procedure Code (V of 1908), O.VII, R.11---Dismissal from service and compulsory retirement---Grievance petition---Application for rejection of petition---Workman---Status---Determination---Test---Employees serving in the bank, had been awarded penalty of dismissal/compulsory retirement after long service---During pendency of grievance petition filed by the employees, counsel for bank moved application under O.VII, R.11, C.P.C. for rejection of grievance petition, contending that employees not being workmen, their grievance petition be dismissed for want of jurisdiction---Acid test for determining the status of a workman, was the nature of his duties, but where there were conflicting claims of the parties, then such issue could be determined by recording of evidence and not otherwise---In the present case, neither copies of the application filed under O.VII, R.11, C.P.C. nor their replies as well as the copies of the grievance petitions and their replies had been filed for proper appreciation of the cases---Application for rejection of grievance petition, was rightly dismissed by the Labour Court on the grounds that factual controversy could not be resolved without recording evidence and that revision petitions were not properly documented. Parvez I. Mir for Petitioners. Date of hearing: 8th February, 2011. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- The captioned revision petitions are directed against the orders dated 30-11-2010 passed by the learned Presiding Officer Punjab Labour Court No.7, Gujranwala whereby the applications of the petitioners under Order VII, Rule 11, C.P.C. have been dismissed. Since identical questions of law and facts have been raised as such it would be convenient to dispose of all the three revision petitions through this single judgment. 2. Essential fact of the cases for the disposal are that all the three respondents were bank employees and had been awarded penalty of dismissal/compulsory retirement after long service. During pendency of the grievance…

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