Case Details

Citation(s)
1988 SLG 500 1988 SLD 500 1988 PLC 173
Labour Appellate Tribunal, Sindh

SYED NASIR HUSSAIN, JAFRI, PRESIDING OFFICER
Salah-ud-Din Ahmad for Applicant. M . Bashir Awan for
Respondents.

GHULAM MUHAMMAD

VS

MUSLIM COMMERCIAL BANK Ltd. and another

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S.2(i)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A-­'Workman'--Exclusion from category of--Manager of a Bank holding power of attorney on behalf of his establishment whether a "workman"-­Where employee himself admitted that he was holding power of attorney as Manager and he was performing his duties under said power of attorney, such employee, held, would be excluded from category of "workman"--If such employee was performing any clerical work while he was posted as Manager, such duties would be considered as mere incidental to the main duties of Manager and were not his substantial duties. 1984 P L C 493 and P L D 1986 S C 103 ref. 1985 S C M R 1511 fol. (b) Industrial Relations Ordinance (XXIII of 1969)---- ---S.25-A--Grievance petition against dismissal from service--Grievance notice served after years of dismissal from service--Effect--Where employee served grievance notice after years of his dismissal, grievance petition being barred by time, held, would not be maintainable--Where employee was facing trial in a criminal case, there was no legal requirement to wait for result of the same--If such employee could not serve grievance notice till his acquittal, even then departmental appeal filed by him and grievance notice sent by him would be time-barred having been sent beyond period of one month from date of his acquittal. 1982 P L C 1007 rel. (c) Industrial Relations Ordinance (XXIII of 1989)-- ---8.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(1)--Grievance petition-­Maintainability--Where enquiry had been properly conducted against employee and he had participated therein, neither showing any grievance against enquiry officer, nor being deprived of chance of self-defence, grievance petition, held, was devoid of merit and deserved dismissal. ORDER The applicant was appointed as Cashier and, thereafter he was promoted as Grade-III Officer with effect from 1-1-1978. He was posted as Manager of Gujjo Branch in 1981 where he was said to be performing clerical and manual duties and in view…
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