| Citation(s) |
|---|
| 1989 SLG 1202 1989 SLD 1202 1989 PLC 259 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-325 of 1987, decided on Ist February, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Mahmood Abdul Ghani for Appellant. Wasi Ahmad for
Respondent
Appeal No. KAR-325 of 1987, decided on Ist February, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Mahmood Abdul Ghani for Appellant. Wasi Ahmad for
Respondent
Messrs NATIONAL BANK OF PAKISTAN
VS
ITAT HUSSAIN ABIDI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Limitation--Rules of employer (Bank) providing remedy of departmental appeal--Appeal submitted but remained unreplied-Workman's reminder for decision of appeal, held, could not be treated as grievance notice--Workman was justified m waiting for reply to his appeal and reminder thereto and thereafter serving grievance notice--Objection as to limitation overruled. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 2(xxviii) & 25-A--Workman--Bank employee grade III officer working as Manager of a Small Branch with only 5 employees including a security guard-Contention that work of receipt, despatch, maintaining accounts, passing cheques and preparation of account statements was done by him--No evidence available to show that such clerical and manual duties not performed by him--Employee, held, was rightly treated as workman and his grievance petition was maintainable. 1985 P L C 262; 1984 P L C 676; 1984 P L C 698; 1984 P L C 495; 1984 P L C 897 and 1984 P L C 1273 ref. (c) Industrial dispute- ---Dismissal for misconduct--Bank employee--Domestic enquiry not conducted properly--Statement of accused obtained on a questionnaire and opportunity of cross-examining prosecution witnesses not afforded--Dismissal order not sustainable. DECISION This is an appeal filed by the appellant Bank against an impugned order, dated 22-9-1987, passed by the Sind Labour Court No. Vth at Karachi who had allowed the grievance petition under section 25-A, I.R.O. 1969, directing his reinstatement in service with full back benefits. 2. Brief facts of the case are that the respondent claimed to have been appointed as a Junior Clerk in the appellant bank on 2-6-1972 and with the passage of time, he rose to the category of Grade III officer and at the relevant time he was working as Manager, Barness Street Branch, Karachi in which only 5 employees including the Security Guard etc. were working. The claim of the respondent further was that on 1-2-1981, he was placed under suspension which continued till 16-10-1982, the date of dismissal from service. The respondent claimed that after expiry of…
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