Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Constitution of Pakistan (1973), Art. 199--Jurisdiction of Labour Court--Removal from service--Workman, a bank employee was accused of irregularities while posted as Officer Grade 111--Employee by a domestic inquiry wits found not guilty nevertheless he was removed from service--Petitioner was reinstated by Labour Court but Labour Appellate Tribunal set aside order of reinstatement on ground that at the relevant time petitioner served as a Manager thus he was not a workman having locus standi to file grievance petition under S.25-A--Petitioner who was originally an officer Grade III was made to perform as Manager at relevant Branch in addition to his original duties as Officer Grade III--No evidence was produced by Bank to the effect that petitioner was appointed regularly as Manager and in spite of additional charge of post of Manager he continued performing duties as officer Grade III--Held, evidence in that behalf had not been read by Labour Appellate Tribunal properly and its was based on misreading and non-reading of evidence so far as status of petitioner as workman or otherwise was concerned--Order of Labour Appellate Tribunal was set aside and order of Labour Court reinstating petitioner into service was restored in circumstances. Allied Bank of Pakistan Ltd. v. Muhammad Humayun Khan and others 1988 S C M R 1064 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction-­Where finding of Labour Appellate Tribunal was based on misreading of evidence same could be interfered with by High Court in exercise of Constitutional jurisdiction. JUDGMENT Muhammad Aslam Cheema, the petitioner herein, was initially employed as Junior Clerk in September, 196.1 in the National Bank of Pakistan, the respondent No. 1 and in course of time he was promoted as Officer Grade-III on 1-3-1976. In the year 1977, the petitioner was posted as Officer Grade-III in Begowal Branch of Sialkot District of the respondent-bank. In 1978, the Manager of Begowal Branch was transferred. His substitute was not appointed for some time and the…

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