Case Details

Citation(s)
1993 SLG 1230 1993 SLD 1230 1993 PLC 245
Labour Appellate Tribunal, Sindh
Appeal No. KAR-60 of 1992, decided on 11th October, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL

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MUHAMMAD SALIM

VS

Messrs BANK: OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD, , KARACHI and another

Law:

Section:

(a) Industrial Dispute--- ---Workman---Designation or even attractive pay, by themselves were not decisive determining whether employee was a `workman' or not but it was to be seen as to what was the nature of duty an employee was performing. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A- --Grievance notice---Grievance notice admittedly as given by employee after more than seven months from his dismissal from service--­Provisions of S. 25-A of Industrial Relations Ordinance, 1969, were mandatory in nature and had to be strictly construed---Employee having failed to give grievance notice within prescribed period and no attempt having even been made to explain delay in giving notice, grievance petition filed by employee, suffered from bar of limitation. Nusrat Ali v. Education Officer, Jhang and others 1992 PLC (C.S.) 75 ref. Petitioner in person. Faruq A. Ghani, Representative for Respondents. Date of hearing: 2nd September, 1992. DECISION The facts forming the background of this case, succinctly stated, are as under: 2. The appellant on 14-11-1983 was appointed as a "Trainee Officer" with the Bank of Credit and Commerce International (Overseas) Ltd., at Karachi. As per condition No. 4 of the letter offering appointment, his services were transferable at Bank's discretion to any branch, or office of the organisation any-where in the world, or to an affiliate or subsidiary of the B.C.C. Group. Another condition was that his employment would be governed by the existing service rules and regulations of their organisation, or as amended from time to time. 3. On 22-10-1985, after his confirmation, he was selected for job-training at B.C.C.I., S.A., Deira Dubai, where he was called on to report by 30-10-1985. Shorn of details, suffice to it to say that he worked in a number of countries in. that region, and on 30-12-1989 was in North Yemen when he made an application for leave to visit Karachi, to see his ailing father. The leave was granted to him and he was to resume duty on 18-12-1989. 4. However, there was a request for extension of leave as the appellant's father was critically ill. Leave was extended up to 20-1-1990 with a clear direction to…
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