| Citation(s) |
|---|
| 1987 SLG 1346 1987 SLD 1346 1987 PLC 768 |
Labour Appellate Tribunal, Sindh
Appeal No. Hyd-115 of 1985, decided on 17th November, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. Hyd-115 of 1985, decided on 17th November, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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HABIB BANK Ltd.
VS
ABDUL REHMAN
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)--Grievance petition against dismissal from service--Petitioner a Bank employee, whether a workman--Petitioner Grade III Officer specifically detailing nature of his duties as clerical and manual and not holding power of attorney--Bank raising plea that petitioner being Grade III Officer was not a workman--Nature of duties mentioned by petitioner not controverted--Plea of bank was repelled, being not sustainable. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.1(4), first proviso--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38--Jurisdiction of Labour Court qua employees of nationalised Banks--Wages Commission Award and Rules framed under such Award, were not statutory rules within meanings of First Proviso to S.1(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and Ordinance would be applicable to nationalised Banks employees--Labour Court has jurisdiction for grievance petition of such employee under S.25-A of Industrial Relations Ordinance, 1969. 1980 P L C 368; 1983 P L C 468 and 1982 C L C 683 ref. Constitutional Petition No. D-2 of 1986 unreported rel. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)-- West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(4)-Termination of services for misconduct--Bank employee proceeded against on account of three charge-sheets--None of the three charge-sheets admittedly brought on record to establish that these were actually served upon accused--Labour Court further finding that employee was not guilty of charges--Order of Labour Court accepting grievance petition against such termination order maintained by Appellate Tribunal. Khalid Javed for Appellant. M.L. Shahani for Respondent. DECISION This is an appeal filed by Messrs Habib Bank Limited against the impugned order, dated 4-3-1985, passed by the Sind Labour Court No.VI, Hyderabad, who had allowed the grievance petition…
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