Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25A

(a) Industrial Relations Ordinance (XXIII of 1969)S. 25AGrievance petitionPresentation of Grievance petition filed by employee against his dismissal was resisted on the ground that same was not maintainable and entire proceedings were void ab initio as same were initiated through counsel/legal practitioner while petition should have been presented by employee himselfContention of employers with regard to in-competency of grievance petition was repelled in view of latest decision wherein it was held that presentation of grievance petition by worker himself was not essential requirement and that no express bar existed for presentation of petition by a pleader on behalf of worker.Messrs Dandot Cement Company Ltd. v. Punjab Labour Appellate Tribunal and another 1985 PLC 413 and HabibulHaq v. The Sargroh Vegetable Ghee and General Mills and others 1991 PLC 899 ref.(b) Industrial Relations Ordinance (XXIII of 1969)Ss. 2(xiii) (xxviii) & 25ADismissed employeeLocus standi to seek redress under the OrdinanceEmployers contended that employee being a dismissed person, was no more covered by definition of "worker" or "workman" and therefore was not competent to invoke jurisdiction of Labour Court and Tribunal and that entire proceedings before Labour Court and Tribunal were corum non judice and nullity in the eye of lawContention was repelled holding that dismissed worker had a locus standi to seek redress under S. 25A regarding grievance arising out of his dismissal and that grievance concerning nonemployment of a terminated/dismissed workman taken before Court was deemed to be an industrial dispute.Iftikhar Ahmad and others v. President, National Bank of Pakistan and others PLD 1988 SC 53 and Habib Bank Ltd. v. Shamim Hussain and others 1988 PLC 951 ref.(c) Industrial Relations Ordinance (XXIII of 1969)S. 2 (xxviii)WorkmanQuestion whether a person was a workman or not within ambit of S. 2(xxviii) would be determined not on basis of designation of his post, but on basis of duties which he was actually performing at relevant time.(d) Muslim Commercial Bank Ltd. (Staff) Service Rules, 1981R. 6Order of dismissalLegalityEmployee who was dismissed from service after…