Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2(xxviii) & 25-A--'Workman'--Definition--Bank employee--Nothing on record to prove that employee was not doing work of clerical nature-­No witness produced on behalf of respondent-Bank either before Enquiry officer or before Labour Court to rebut claim of employee that he was a workman and doing work of clerical nature--Mere designation as 'Manager/Accountant Inspection', held, would not oust employee from claiming to be a 'workman' unless proved otherwise--Employee proved to be a workman and hence entitled to invoke jurisdiction of Labour Court and maintain his grievance petition under S. 25-A. 1980 P L C 81 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--Grievance petition--Dismissal for misconduct--Domestic enquiry found to have been held contrary to provisions of law and principles of natural justice and hence illegal and perverse--Order of Labour Court dismissing grievance petition set aside and appellant directed to be re-instated in service with 50% back benefits. Salabuddin H. Ahmad for Appellant. Hidayatullah for Respondents. Date of hearing: 17th July, 1986. . DECISION Muhammad Ismail Memon, the appellant has filed an appeal against the impugned order, dated 22-4-1985, passed by the Sind Labour Court No.VI at Hyderabad, dismissing his grievance petition filed by him under section 25-A, I.R.O. 1969. 2. Briefly the facts are that the appellant was employed in the respondent Bank as Trainee Supervisor in 1964 and was finally promoted to the post of Grade-II as Manager/ Accountant of Inspection. As, according to him he had the duties of clerical nature, therefore, he claims to be covered by the provisions of Standing Orders Ordinance 1968 and the Industrial Relations Ordinance, 1969. On 13-7-1977, the appellant was issued a charge-sheet and after a period of three years, one Qamar Raza Jafri was appointed as Enquiry Officer, vide letter of the respondent Bank, dated 19-8-1980. Admittedly, in the said enquiry, neither any prosecution witness was examined on behalf of the respondent Bank nor the appellant was given an opportunity to cross-examine any such witness and nor…

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