Case Details

Citation(s)
1984 SLG 1565 1984 SLD 1565 1984 PLC 964
Labour Appellate Tribunal, Punjab
Appeal No. BR-380 of 1981, decided on 26th October, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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MUHAMMAD HASAN

VS

MUSLIM COMMERCIAL BANK LTD., BAHAWALPUR

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A-Grievance petition-Point not raised in grievance notice-Whether can be raised on petition to Labour Court-Legal point can be raised at any stage-Charge-sheet whether served by competent authority-Such point, held, legal and could be raised before Labour Court though not mentioned in grievance notice. 1975 P L C 196 distinguished. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Grievance petition-To be brought against employer ­Not essentially against the establishment-Bank employee filing petition against Assistant Vice-President-Objection that Bank being a corporate body and juristic person hence petition should have been made against the Bank-Objection rejected-Held : Such objection applicable in civil suits but that rule not applicable in Labour Cases-[1980 P L C 568 (r) dissented from). 1980 P L C 568(r) dissented from. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 2 (xxviii) & Ss. 25-A & 37 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i)-"Workman"-Bank cashier - Performing clerical duties-No, managerial function-A workman-Employee whether a workman-Point not raised in written statement before Labour Court in response to grievance petition-Cannot be raised during arguments at appellate stage. (d) Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 22-A (8) (c), 22-B (3) (a) & 25-A - Bank employee ­Grievance petition against dismissal for misconduct - Within jurisdiction of Labour Court-Objection that matter fell within jurisdiction of National Industrial Relations Commission and not that of Labour Court-Rejected-(1982 P L C 1 dissented from]. 1982 P L C 1 dissented from. (e) Industrial Relations Ordinance (XXIII of 1969)- ---- S. 25-A-Grievance petition before Labour Court-Departmental rules providing right of departmental appeal - Exhausting depart. mental remedy of appeal-Not essential before bringing petition to Labour Court-In case employee elects to exhaust departmental remedy cause of grievance would arise on date of rejection of departmental appeal - Grievance notice served within…
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