Case Details

Citation(s)
1989 SLG 2120 1989 SLD 2120 1989 PLC 324
Labour Appellate Tribunal, Sindh
Appeal No. SUK-90 of 1986, decided on 31st May, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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SHAH NAWAZ SOLANGI

VS

MUSLIM COMMERCIAL BANK LTD.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) ---Ss. 25-A & 38(3)-Industrial dispute--Transfer--Bank employee--Manager is authorised to shift/transfer employees from one desk to another strictly within his own jurisdiction--Transfer from one Branch to another not within jurisdiction of such Manager--Such transfer ordered by him without approval of Competent authority, held, was void, illegal and unauthorised hence not sustainable--Charge of misconduct for alleged disobedience of such transfer order not approved by Labour Appellate Tribunal. (pp, 326, 327[ A y C (b) Industrial Relations Ordinance (XXIII of 1969)-- -----S. 25-A--Grievance notice and petition--Limitation--Bank employee dismissed alleged misconduct-Departmental appeal remaining undecided and un-communicated--Grievance notice served after waiting for a considerable time---Grievance petition resisted on ground of limitation with object that notice was time-barred--Plea repelled ---Held, that employee discharged his mandatory duty by submitting departmental appeal Management was duty bound to decide same and communicate decision to him within reasonable time and it could not be permitted to remain mum and then in litigation to take Plea of limitation-Such functioning of management was biased, contrary to Labour Law., and principles of natural justice and also contrary to guaranteed, right of an aggrieved human more particularly not in accordance with teachings of Islam and its Shariat. 1984 P L C 1149 rel. M.L. Shahani for Appellant. Mahmood A. Ghani for Respondents. Date of hearing: 8th May, i988. DECISION This is an appeal filed by the appellant against 25-3-1981, passed by the Sindh an impugned order, dated Labour Court No. VII at Sukkur, who had dismissed the grievance petition of the appellant under section 2S-A, I.R.O. 1969. 2. Briefly stated the facts of the case were that the appellant claimed to have been a permanent workman in the respondent bank and at the relevant time he was working as Cashier at Kot Lal Bux Mahesar Branch and that while, he was posted at Dadu Branch, he was relieved from his duties by the Manager of the said Branch, vide his letter, dated 17-4-1984 with a…
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