Case Details

Citation(s)
1984 SLG 1885 1984 SLD 1885 1984 PLC 1458
Labour Appellate Tribunal, Sindh
Appeal No. SUK-144 of 1983, decided on the 14th May, 1984.
G. M. KOUREJO, APPELLATE TRIBUNAL

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ASSADULLAH

VS

MUSLIM COMMERCIAL BANK LTD. AND ANOTHER

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2 (i)­Bank employee Officer Grade III failing to prove that by virtue of nature; of duties on relevant time to which allegations against him related he was a workman as defined in S. 2 (i) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance, 1968-Version of Bank consistently right from reply state­ment till affidavit in evidence before Labour Court that petitioner wars working as an Accountant a Principal Officer having power-of ­attorney with supervisory and managerial powers-Grievance petition against dismissal from service, in circumstances, held, rightly dismissed by Labour Court as not maintainable. M. L. Shahani for Appellant. Date of hearing: 2nd May, 1984. ORDER This appeal directed against the order, dated 24th March, 1983 passed by the Sind Labour Court No. VII at Sukkur, dismissing the appellant's application filed under section 25-A, I. R. O. 1969 as not maintainable. 2. The facts heading up to the appeal briefly stated are that the appellant was appointed as Officer Grade III on 15th July, 1971 by the respondent-Bank. He is alleged to have introduced a fake account in the name of one Nizamuddin which was being operated by one Mehrab Ojhan, the Manager of the National Bank of Pakistan, Shikarpur Branch and by manipulating the record facilitated the fraud resulting in a loss to the respondent-Bank to the tune of Rs. 14,07,500. He was charge-sheeted and the charges having been established against him he was dismissed from service, vide dismissal order, dated 14th February, 1982. He preferred a departmental appeal and having received no reply to it, he served a grievance notice, dated 11th May, 1982, on the respondent. His grievance having not been redressed he filed an application under section 25-A, I.R.O., 1969 against the respondents before the learned Labour Court at Sukkur. The application was resisted by the respondents on merits as well as on the ground that the appellant was not a workman within the meaning of section 2 (i) of the Standing Orders…
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