Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2

  Industrial Relations Ordinance (XXIII of 1969)-- ---S.    2(xxviii)--"Workman"---Petitioner challenging his termination while serving with Bank in Grade III and working as Manager in one of the branches of Bank and at time of his termination he was drawing salary of Rs.1,610 p.m.-- Managerial status of petitioner having not been controverted by Bank, Courts below, held, had not correctly interpreted the law by holding petitioner as `workman'---High Court setting aside concurrent orders of Courts below, remanded the case for trial on merits. Practice and procedure-- --- Practice of throwing out a case on preliminary objection should normally be avoided---Trial Courts should provide opportunities to both the parties to bring all material on record which could make positive for superior Court to decide matter finally. Abdur Rehman Khan Tanoli for Petitioner. Saleh Bin Ahmad Sultan for Respondents. Date of hearing: lst November, 1989. JUDGMENT Syed Sajid Mian plaintiff-petitioner herein institued a suit in the Court of Senior Civil Judge Mansehra  against  the  defendants-respondents   herein, seeking a declaration to the effect that the order  of  the  respondent  No.149935  dated 21-11-1983 whereby the services of the petitioner were terminated is illegal, ineffective on the rights of the petitioner and he may be declared as permanent and regular servant of the respondents and as such entitled to all back benefits thereof. Respondents contested the suit. The pleadings of the parties gave rise to various issues including the one pertaining to jurisdiction of the Civil Court. The learned trial Court therefore proceeded to decide this issue after hearing the parties and formed the opinion that the jurisdiction of the Civil Court is barred to adjudicate upon the matter between the parties, and consequently returned the plaint to the petitioner under Order 7 Rule 10 C.P.C. Aggrieved there from, the petitioner preferred an appeal, with the Additional District Judge, Mansehra which met the same fate. Hence this revision petition. It may be pertinent to state here that during the pendency of…