| Citation(s) |
|---|
| 1989 SLG 2054 1989 SLD 2054 1989 PLC 1020 |
Sindh High Court
SALEEM AKHTAR AND IMAM ALI G. KAZI, JJ
A.R. Akhtar for Petitioner. M.L. Shahani for
Respondents.
SALEEM AKHTAR AND IMAM ALI G. KAZI, JJ
A.R. Akhtar for Petitioner. M.L. Shahani for
Respondents.
Messrs HABIB BANK LTD.
VS
SIND LABOUR APPELLATE TRIBUNAL and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Constitution of Pakistan (1973), Art. 199--Grievance petition against termination of service--Labour Court's Finding that employee was not a workman, had not been fully and properly dealt with and considered by the Labour Appellate Tribunal but only certain passing remarks had been made for holding that employee was a "workman"--Such observations of Labour Appellate Tribunal were contradictory inasmuch as in the opening line it had been observed that clerical job had been performed by employee upto the date of his termination but while concluding it had been observed that employee was holding job of a manager for a number of years--From allegations and counter-allegations main question for consideration was whether employee though designated as manager was performing clerical duties at the time his services were terminated--Such aspect of the case had completely been overlooked and ignored by the Appellate Tribunal--Labour Appellate Court's order holding employee as workman having been passed on equitable and sympathetically consideration rather than on legal consideration was declared to have been passed without lawful authority--High Court in Constitutional jurisdiction remanded the case to Labour. Appellate Tribunal for decision afresh in accordance with law. JUDGMENT SALEEM AKHTAR, J.--The respondent No. 2 was employed as a clerk in the Standard Bank Limited with effect from 22-6-1967. After nationalisation of Schedule Banks in the year 1974 Standard Bank Limited was merged with Habib Bank Limited and the respondent No. 2 became the employee of the Habib Bank Limited on terms and conditions of service and Rules and Regulations then applicable to Habib Bank Limited. At the time of merger the respondent No. 2 was a clerk and on 21-9-1976 he was promoted as an officer. On 6-11-1976 the respondent No. 2 was transferred to Gaji Khuwawar Branch, Larkana and posted as a manager of that Branch. By letter dated 11-11-1981 the respondent No. 2 was relieved of his duty and services were terminated under clause 6 of Rule and Regulations of the Bank with immediate effect with salary in lieu of notice. Theβ¦
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