Case Details

Citation(s)
1989 SLG 1114 1989 SLD 1114 1989 PLC 113
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-148 and 159 of 1985, decided on 1st February, 1988,
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Qamar-ud-Din Hassan for Appellant.

BANK OF OMAN LIMITED, KARACHI

VS

NASEER BAKHSH

Law:

Section:

West Pakistan Industrial and, Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(i) & S.O. 12--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)--Workman--"Bank employee", whether a workman--Determining factor-­Nature of duties irrespective of designation as Manager or Officer--Officer Grade III not provided any letter of authority for independent working or to sanction credit facility, doing all typing and clerical work in his charge is a workman as defined in S.2(i) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--Such workman served with charge-sheet for alleged misconduct and domestic enquiry ordered--Services however terminated purportedly as simpliciter without domestic enquiry--Termination order being not sustainable employee was entitled to invoke jurisdiction of Labour Court by way of grievance petition--Termination order set aside awarding full back benefits. 1984 P L C 352; 1984 P L C 1353; 1982 S C M R 407 and P L J 1975 Kar. 59 rel. DECISION These are two cross-appeals filed against an impugned order, 6-4-1985, passed try the Sind Labour Court No. 1 at Karachi, who had allowed the grievance petition of Naseer Bakhsh under section 25-A, 1969, directing his reinstatement in service with 50% back benefits. Appeal No, 148 of 1985 is riled by Messrs Bank of Oman against the order of reinstatement with 511% back benefits, while, Appeal No. 159 of 1985 is filed by Naseer Bakhsh against an order granting hire 50% back benefits. As, in bona these cross-appeals against a common impugned order, the facts and circumstances are same and similar, therefore, 1 would dispose of these cross-appeals by this single decision. 2. Brief facts of the case are that Naseer Bakhsh claimed to have been appointed in the Bank of Oman Ltd., as an Officer Grade III, but, was performing the duties of clerical and manual in nature and was not holding any power of attorney or was not authorised to do any, act on behalf of the management. He claimed to have unblemished service record, therefore, he used to get annual increment as and when was due. Further, his claim was that on 8-8-1982 he was…
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