Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­--- Ss. 25-A & 38(3)--Grievance petition--Bank employee--Claim of petitioner workman that he was performing duties of clerical nature established--Respondent, held, was a workman under law and hence entitled to maintain grievance petition before Labour Court--Charge of misconduct not proved by evidence on record and other related circumstances of case--Order of Labour Court directing re-instatement of respondent workman maintained. 1983 P L C 264; 1982 P L C 294; 1982 P L C 323 and Appeal No. K-89 of 1975 distinguished. Khalid Javed for Appellant. Respondent in person. Date of hearing: 12th August, 1986. DECISION This is an appeal filed by Messrs Habib Bank Limited, against n impugned order dated 7-8-1983, passed by the Sind Labour Court No.1, Karachi, who had allowed the grievance petition of the respondent workman, under section 25-A, I.R.O.. 1.969. 2. Briefly the facts are that the respondent was a permanent workman employed in the appellants Bank. That on 1-9-1980, the respondent was issued a charge-sheet, Annexure 'A' of the record of the Labour E Court. That, as an explanation of the respondent to this charge-sheet was not found satisfactory; therefore, a domestic enquiry was held against him. That, thereafter, a second show-cause notice was also issued to him and subsequently, the respondent was dismissed from service, vide order, dated 11-7-1981 (Annexure 'C'). That, thereupon the respondent had submitted a departmental appeal, which was turned, down, vide letter, dated 27-9-1981 (Annexure 'E'). That, finally the respondent submitted his grievance petition under section 25-A, I.R.O 1969, before the learned Labour Court. 3. The case of the appellant Bank before the Labour Court is that they had raised some legal objections in regard to the status of the respondent and the maintainability of his grievance petition. That, or merits, it was submitted that the charges against the respondent were fully proved in an independent and impartial domestic enquiry. 4. Both the parties filed their respective affidavits-in-evidence and they were duly cross-examined. The learned Labour Court allowed the grievance…

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