Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 2(xxviii) & 25ABank Manager whether a "workman" Bank Manager and Officer GradeII holding power of attorney of Bank is not a labourer or a workman so as to get benefit of Labour LawsBank Manager even if sweeps his own room, he cannot be called a "workman" because his major work is that of a Manager on behalf of Bank and binds a Bank in all transactions with the partiesLabour Court, in circumstances, had wrongly accepted grievance petition and ordered reinstatement of petitioner who was Manager of Bank with power of attorney from BankAppeal was accepted in circumstances. Ganga R. Madhani v. Standard Bank Limited 1985 SCMR 1511; National Bank of Pakistan v. Punjab Labour Court No. V 1993 SCMR 105; U.B.L. v. Mubarak Ali 1992 PLC 415; Muhammad Ali v. Sindh Labour Appellate Tribunal 1985 PLC 403; 1980 PLC 568; 1988 SCMR 1664; National Bank v. Sindh Labour Appellate Tribunal 1993 PLC 480 and .1986 PLC 169 ref. Shahid Anwar Bajwa for Appellant. Shafiq Qureshi for Respondent. Date of hearing: 18th September, 1996. DECISION This is an appeal filed by Habib Bank Limited against the order of Sindh Labour Court No. VII, Sukkur whereby a Bank Officer GradeII who was dismissed from service for defalcation and forgery, was reinstated in service with full back benefits. 2. The facts in brief are that respondent Nazir Ahmed was Manager, New Jatoi Branch of Habib Bank with power of attorney from the Bank. The Audit Party detected irregularities on 1371992. These were reported to the Zonal Office on 2871992 and the respondent was chargesheeted. The charges in brief were seven in number and covered misappropriations of amounts coming lacs of rupees. For instance a cheque for 10,000 was altered to Rs.1,24,000, a cheque for Rs.65,530 in favour of his brother was encashed when his brother was notified to be a defaulter in respect of loan taken from Moro Branch. Thus, there were several acts of misconduct against the respondent but the learned Presiding Officer of the Labour Court, Sukkur (Mr. Rasool Bukhsh Siyal) came to the conclusion that the respondent was sacked/dismissed by a Senior VicePresident and not by the President of…

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