Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---"Workman"--=Grievance petition ---Maintainability--­Employee who was Grade-II Officer and was appointed Manager of Main Branch of Bank, was dismissed from service after issuing him show-cause notice, giving him charge-sheet and holding enquiry against him on charge of misconduct---Employee challenged his dismissal in his grievance petition filed by him under- S. 25-A of Industrial Relations Ordinance, 1969---Sufficient evidence was on record to show that employee being Manager of Main Branch of Bank, was an officer of Bank and not a worker or labourer---Employee, as Grade-II Officer was drawing Rs.3,040 in year 1982 and was Incharge Officer of Main Branch of Bank---Employee as Manager, could accept resignation of any employee working under him, he could grant or withhold increment to employees, could dismiss and suspend employees---Duties of employee, thus were of administrative nature and he had powers to grant-leave to members of staff serving under him---All such duties of employee being a Manager, were managerial, supervisory and administrative and whatever clerical duties, if an) were performed by him, were incidental to his main duties as an employer--- Employee, by no stretch 'of imagination, could be considered to be a "workman"---Since employee was an officer of Bank and not a worker, he would not be governed either by West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, or by Industrial Relations Ordinance, 1969---Grievance petition filed by employee under S. 25-A, industrial Relations Ordinance, 1969 would not be maintainable in Labour Court. Gulzar Ahmed for Appellants. M.L. Shahani for Respondent. Date of hearing: 28th March, 1995. DECISION This appeal has been remanded for re-hearing by the High, Court of Sindh to decide whether the respondent, a Manager of National Bank of Pakistan, Nawabshah can be considered to be a workman as held by the Labour Court and the Tribunal (Mr. Justice (Retd.) Ahmed Ali U. Oureshi). 2. The facts of the case in bfief are that the respondent Mir Hasan ,Bughio a Bank Officer in Grade-II was appointed…

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