Law:

Section:

(a) National Bank of Pakistan Ordinance (XIX of 1949)-- ---S. 32(2)--Bank Nationalization Act (XIX of 1974), S. 11(4)--National Bank of Pakistan Staff Service Rules, 1980, R. 15(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4), proviso--National Bank of Pakistan is an establishment carried on by and under authority of Federal Government--National Bank of Pakistan Staff Service Rules, 1980, are not statutory rules but framed by Executive Board under Bye-laws 18(a)(iii) and (iv) of National Bank of Pakistan--Bye-laws without requisite approval of Federal Government as per S. 32 of National Bank of Pakistan Ordinance, 1949 not excluded from ambit of West Pakistan and Commercial Employment (Standing Orders) Ordinance, 1968. National Bank of Pakistan v. Nizamuddin Mehr 1980 P L C 1118; Altaf Ahmed Shaikh v. National Bank of Pakistan 1982 P L C 683; Iftikhar Ahmed and others v. President, National Bank of Pakistan P L D 1988 S C 53 and United Bank Ltd. v. Munir Ahmed and 2 others 1984 P L C 276 rel. National Bank of Pakistan v. Shafique Ahmed 1983 P L C 1215 dissented from. (b) Industrial Relations Ordinance (XXIII of 1969)------ ---S. 2(xxviii)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i)--"Workman"--Employee whether or not a workman--Nature of duties relevant irrespective of designation and salary--Bank Officer Grade-II--No authenticated job description produced--Plea that exception clause (b) of S. 2(xxviii) of Industrial Relations Ordinance, 1969 was applicable because of supervisory duties with further plea of attachment of a stenographer and pay exceeding Rs.800 p.m.--Employee's statement on oath as having been attached as Assistant with Vice-President and performance of manual and clerical work without any supervisory functions over other employees not rebutted in evidence before Labour Court--Onus of proof and burden to avail benefit of exception clause not discharged--Employee held was a workman. General Manager, Hotel Intercontinental, Lahore and others v. Bashir A. Malik and others P L D 1986 S C 10:3; Allied Bank of Pakistan Ltd. v. Muhammad…

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