Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S. 2 (i) & S.. O. 12 (3)-Workman-Termination of service-­Chowkidar claiming to be doing besides his duty other manual work of sweeping, dusting and cleaning premises and furniture-Conten­tion 'tot substantiated and found entirely without substance-Such Chowkidar, held, not a workman hence not entitled to grievance petition- before Labour Court against termination of service­-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Obaidur Rehman for Appellant.' S. P. Lodhi, Representative for Respondent. Date of hearing : 1st February, 1983: ORDER This appeal is directed against the decision of the learned First Labour Court, given on 11th December, 1982, allowing the grievance petition of the respondent employee challenging the order terminating his services, and directing the appellant Bank to re-instate him with full back benefits. 2. The admitted facts of the case are that the respondent was employed as a Chowkidar (Guard) in the appellant Bank and was posted at the Napier Road Branch of the said bank. On 29th October, 1981, he was issued a notice by the bank to show cause why disciplinary action be not taken against him by reason of his involvement in a criminal case in which he had obtained bail. The respondent submitted his explana­tion, dated 4th November, 1981, to the said show-cause notice wherein he admitted that a criminal case has been registered against him because of old enmity but contended that the said case bad nothing to do with his service in the Bank and that further he ,is deemed to be innocent unless proved guilty. The Bank authorities were not satisfied with the explana­tion of the respondent and terminated his services by order, dated 22nd November, 1981. It was expressly asserted in the said order that this was "termination simpliciter" in accordance with law. Aggrieved by the above order, the respondent preferred a grievance petition before the learned First Labour Court which has .given the impugned decision. The learned Labour Court in arriving at the said decision has held that the respondent was a workman as besides the work of…

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