Case Details

Citation(s)
1988 SLG 1144 1988 SLD 1144 1988 PLC 533
Lahore High Court
Writ Petition No. 2924 of 1984, decided on 9th March, 1988.
LEHRASAP KHAN,

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NATIONAL BANK OF PAKISTAN through its General Attorney (Zonal Head), D.G. Khan

VS

PUNJAB LABOUR COURT N0.9, MULTAN and 2 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--National Bank of Pakistan Staff Service Rules, 1980, Rr.15(1) & 37--Termination of services--Grievance petition--Maintain- ability of ' Workman served with charge-sheet for misconduct and subsequently let off but some time later his services terminated under R.15(1) of Staff Service Rules, 1980--Circumstances of case showing that services of the workman were terminated by reason of alleged misconduct for which he was charge-sheeted which in reality was not a case of termination of services simpliciter--Such termination, held, was equivalent to dismissal for which grievance could be sought to be redressed under S. 25-A of Industrial Relations Ordinance. Osman Ghani v . Federal Service Tribunal and another 1986 SCMR 1875 and Manzoor-ul-Hassan v. The National Bank of Pakistan and another 1986 P L C (C S) 838. rel (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Limitation Act (IX of 1908), S.5--Grievance petition-­Limitation--Workman serving grievance notice within a period of one month of rejection of appeal against his termination and thereafter filing grievance petition culminating into impugned order of his re-instatement passed by Labour Court--Application for condonation of delay filed by workman as a measure of abundant caution was allowed by Labour Court--Grievance notice or for that matter grievance petition filed by workman, held, were well within time. National Bank of Pakistan and another v. Muhammad Asif Ahmad and 2 others P L D 1985 Quetta 100 and Messrs Lyallpur-Sahiwal Bus Service (Regd.), Lahore v. Appellate Authority and 2 others PLD 1970 Lah. 775. ref. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A read with S.2 (xxviii)--Constitution of Pakistan (1973), Art. 199--Grievance petition--"Workman"--Definition--Respondent in his capacity of Senior Head Cashier (Officer Grade III) having no power to allow leave to any subordinate employee or to make any appointment under him and working under supervision of Manager incharge of the Branch--Labour Court holding that respondent was responsible for maintaining as many as 11 registers and made entries in…
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