Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Stranding Orders) Ordinance (VI of 1968 )- -- - S. O. 12 and Industrial Relations Ordinance (XXIII of 1969), S. 25-A--Appeal before appellate Tribunal-Appeal against order of Labour Court where original proceedings arose under Standing Orders Ordinance, held, would not lie before Appellate Tribunal P. I. A. C. v. Chairman, Punjab Labour Appellate Tribunal P L D 1979 Lah. 415 fol. (b) Industrial Relations Ordinance (XXIII of 1969) --- -----S. 25-A read with West Pakistan Industrial and Commercial Em­ployment (Standing Orders) Ordinance (VI of 1968), S. O. 12 (3)­Workman-Status, determining of-Employee having no supervisory powers and working under instructions of another-A workman- . To determine his status, main duties and not incidental or minor functions, need consideration. Dost Muhammad Khan Cotton Mills Ltd. P L D 1976 S C 358 ; Bashir A. Malik P L D 1973 Lah. 594 and P. I. A. C. v. Punjab Labour Appellate Tribunal P L D 1979 Lah. 415 rel. General Managers Heavy Mcehanical Complex Taxila's case P I. D 1977 Lah. 998 ref. Mian Saeed-ur-Rehman Farrukh for Petitioner, Nemo for Respondent No. 1. Mohammad Ahmad Bani for Respondent No. 2. Date of hearing : 25th March, 1979.. JUDGMENT The petitioner assails the order dated 4th June, 1978, passed by res­pondent No. 1 for the reason that no appeal lay under Standing Order 12 of the West Pakistan Industrial arid Commercial Employment (Stand­ing Orders) Ordinance, 1968 (hereinafter called the Standing Orders Ordinance) read with section 25-A of the Industrial Relations Ordinance, The facts leading to it are as under. 2. Respondent No. 2 was employed as a second officer in the petitioner bank when he was arrested on 1st November, 1975, in respect of a criminal allegation, that he defrauded the bank of a sum of Rs. 3,29,800. The Special Judge, Anti-Corruption, allowed bail to the respon­dent on 3rd January, 1976. It was, however, directed, on an apprehen­sion of the petitioner, that respondent No. 2 shall not be permitted to handle cash or bank record. 3. The petitioner proceeded against respondent No. 2 administra­tively as well. His services were terminated on…

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