Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 2 (xxviii) & 25---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Constitution of Pakistan (1973), Art. 185(3)---Bank Officer of Grade-11---Dismissal from service for misappropriation of cash received by him as Bank Officer---Labour Court reinstated such employee without allowing him back benefits---Labour Appellate Tribunal, modified decision of Labour Court by allowing 50 per cent. of back benefits--- High Court dismissed Bank's appeal--Validity--Plea raised by petitioner (bank) was that employee concerned being Officer of the Bank did not fall within definition of "workman" as given in Industrial Relations . Ordinance, 1969 or in West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---High Court failed to decide such question in spite of same having been raised in Constitutional petition---High Court itself had referred to such question in its order but did not decide whether employee was covered by definition of "workman" as given in both the Acts, viz. (Act XXIII of 1969) and Act (VI of 1968)---Leave to appeal was granted to examine in depth the question of jurisdiction of Labour Court with regard to officers of the category to which employee belonged. - ORDER MUHAMMAD ILYAS, J.--This civil petition for special leave to appeal has been made by the United Bank Limited against respondent No.l, Munir Ahmad Naseer and two others, namely, Ppnjab Labour Court No.3 at Ferozewala, Lahore and the Punjab Labour Appellate Tribunal, Lahore. 2. Respondent No.l, Munir Ahmad Naseer, hereinafter referred to as the respondent, was serving as Grade-II Officer in the petitioner's Zonal Office at Okara when he was dismissed from service for misappropriating cash received by him as Branch Manager. He challenged the order of his dismissal by making grievance petition, under section 25-A of the Industrial Relations Ordinance, 1969, before Punjab Labour Court No.3, Lahore, which set aside the order of his dismissal, without allowing him back benefits. The order of the learned Labour Court was assailed by both sides by means of separate…

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