Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 2(ii), 34, 22-A(8)(c) & 38-C read with Wage Commission Award, 1975, para. 237-Jurisdiction-Matter of enforcement of Wage Commission Award-Within jurisdiction of Labour Court if raised by Trade Union not being an industry-wise Trade Union or Federation of such Trade Unions-Words "any award" used in S. 2(ii)-Embrace all types of awards under Industrial Relations Ordinance, 1969-Award of Wage Commission-Binding, a guaranteed right and enforceable by Labour Court under S. 34-Circular issued by Bank introducing written test and interview for promotion of its employees, held, contrary to Wage Commission Award and liable to be set aside. Malik Shamim Riaz Ahmad for Appellant. Malik Zulfiqar Ali for Respondent. Zia Mahmood Mirza for the Finance Ministry of Pakistan. JUDGMENT Allied Bank of Pakistan Limited, Zonal Office; Sahiwal issued the following Circular No. ZO/MAM/32, dated 31-3-1979 (Exh. P-5) to the Managers of different branches in the said Zone:- "It has been decided by our Central Office, Karachi to evaluate in service employees in the following cadres for promotion, subject to the condi­tions laid down herein below, and to conduct written test and interview for the purpose :- (a) Clerical Staff (including Cashiers, Typists, Steno-typists and Steno-graphers) to officer's cadre. (b) Typists and Steno-typists to Steno-typists and Stenographers cadre respectively. We give below the criteria of eligibility :-- 1. PROMOTION TO OFFICER,S CADRE Eligibility.-Length of service of clerical staff' in clerical cadre should be as under :- QUALIFICATIONS LENGTH OF SERVICE AS ON 31-12-1978 Graduate 2 years Intermediate 2 years. Matric 6 years. PROMOTION TO STENOTYPISTS AND STENOGRAPHERS Required short hand/typist speed : `Length of service. Stenographers : 120/45 w.p.m. 2 years. Stenotypists : 100/45 w.p.m. STAFF PROMOTION NON-CLERICAL STAFF Length of service : 2 years. Qualifications Matric." 2. Staff Union (registered) Allied Bank of Pakistan, Sahiwal Zone, Head­quarter Okara through its Secretary (respondent) filed a petition under section 34 of the Industrial Relations Ordinance, 1969 read with para. 237 of the…

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