Case Details

Citation(s)
1988 SLG 1428 1988 SLD 1428 1988 PLC 956
Lahore High Court
Writ Petition No. 1285 of 1984, decided on 29th February, 1988.
LEHRASAP KHAN, J

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NATIONAL BANK OF PAKISTAN

VS

PUNJAB LABOUR COURT NO. 5, FAISALABAD and others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A read with S.2 (xiii) & (xxviii)--"Industrial dispute" and "workman"-­Definitions--Bank employee--Dismissed or terminated workman has to be treated as workman for purposes of S. 25-A and has thus locus standi to seek redress under that section--Right to approach the Labour Court was available to dismissed employees of Banks under the Ordinance itself--[1985 P L C 1053 and 1987 P L C 1980 dissented from]. 1985 P L C 1053 and 1987 P L C 180 dissented from. Iftikhar Ahmad and others v. President, National Bank of Pakistan and others P L D 1988 S C 53 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 2(xxviii)--Dismissal from service--Grievance petition--Employee of Bank serving as Accountant and performing duties of clerical nature at time of his dismissal from service--Mere fact that such employee was Grade II Officer, held, would not take him out of the category of workmen and while performing duties as an Accountant lie could not be treated as an employer. Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and another 1979 S C M R 304 ref. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Dismissal from service--Grievance petition--Bank employee-­Employee of Bank found to have filed a departmental appeal before President of the Bank which was rejected by the Executive Board of the Bank--Plea that such appeal was not a regular appeal but a mercy appeal had been erroneously raised as the employee through his departmental appeal had challenged his dismissal on merits and had not pleaded mercy alone. Javed Altaf for Appellant. Nemo for Respondent No.l. Muhammad Zaman Qureshi for Respondent No.2. Date of hearing: 29th February, 1988. JUDGMENT Safdar Ali Khan respondent No.2 (hereinafter referred to as the respondent) was employed as Officer Grade II in the National Bank of Pakistan. He was served with a charge-sheet dated March 27, 1979, while posted as Officer Grade II/Accountant, National Bank of Pakistan, Mianwali Branch. There were accusations of criminal breach of trust, frauds and forgeries, wrongful concealment of the receipt and unauthorised…
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