Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.2(xxviii)---Workman---Employee who was reinstated by Court, admittedly was to perform merely clerical duties as he was required to fill up prescribed forms and to verify antecedents of applicants-borrowers and then submit same to Bank Manager---Employee was not a sanctioning authority nor he had any say in grant of loan to applicants---It had not been proved on record that employee had any executive or managerial functions to perform or that he had any effective say in the matter or had any subordinate under him or had to perform any sort of supervisory duty---Trial Court rightly found employee to be "workman". (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability---Employee who was dismissed from service had never been negligent in seeking his redress and after exhausting final remedy available to him, submitted grievance petition within time of the last order of competent Authority in the matter---Grievance petition could not be termed as time-barred even if same was filed late from to of his dismissal from service. (c) Industrial dispute--- ----Dismissal from service---Reinstatement---Reinstatement of employee was challenged by plover contending that if employee was held to be a workman, even then he was not entitled to be restored in his job as he had been found guilty of charge by Enquiry Officer---It had been conceded on the part of employer that employee was proceeded against under United Bank Staff Rules and not under Standing Orders Ordinance which would apply to employee as Bank Staff Rules were not Statutory Rules to be adopted---As mandatory provisions of law applicable to facts and circumstances had not been complied with, order of dismissal against employee, was not tenable. Nisar Ahmed Khan for Appellants. Qazi M. Anwar alongwith Abdul Waheed for Respondent. JUDGMENT By the impugned decision dated 14-2-1990 the learned Presiding Officer, Labour Court, reinstated the respondent in his job which has aggrieved the appellants and hence the said judgment has been impugned in. this appeal. 2. The facts which can be amassed from the record of…

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