Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- -- Ss. 25-A read with West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance (VI of 1968), S. 1(4)-National Bank of Pakistan - Creation of Central Government hence employees governed by -- Statutory rules governing service, conduct and dis­cipline employees of Bank though not governed by provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 yet, held, could seek redress in Labour Court under S. 25-A of Industrial Relations Ordinance, 1969 against infringement of their legal right. JUDGMENT This is an appeal under section 36-D of the Industrial Relations Ordi­nance, 1969, filed by Shahbaz Ahmad against the order dated the (?) November 1973, passed by the Junior Labour Court No.1, Lyallpur, whereby his petition for re-instatement was dismissed. The appellant was working as Assistant Cashier in the National Bank of Pakistan Lyallpur. He was relieved of his duty on 23rd august 1973. On 13th October 1973, he filed a petition before the Junior Labour Court for re-instatement on the ground that the termination of his service was illegal. The Bank resisted the application. The first objection was that the matter was not within the jurisdiction of the Court. On merits it was stated that the petitioner offered resignation and it was accepted, therefore, he bad no cause of grievance. The question of jurisdiction had been raised on the ground that the Industrial and Commercial Employment (Standing Order) Ordinance, 1968, is not applicable to the employees of National Bank of Pakistan. It is specifically provided in section 1 of the Ordinance that nothing this Ordinance shall apply to the Industrial and Commercial Establishments carried on by or under Authority of the Central or Provincial Government where statutory rules of service, conduct or discipline are applicable to the workmen employed therein. There is no denying of the fact that Bank is the creation of National Bank of Pakistan Ordinance XIX of 1949. Without any manner of doubt the Bank is a creation of the Central Government. The rules of service etc. as given in the Standing Orders Ordinance…

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