Case Details

Citation(s)
1997 SLG 858 1997 SLD 858 1997 PLC 550
Supreme Court of Pakistan
Civil Appeals Nos. 745, 746, 747 and 748 of 1994, decision dated: 10-04-1997. (On appeal from the judgments dated 11-5-1994 of the Lahore High Court, Lahore passed in W.P. No. 1261/89, 1463/89, 1260!89 and 1462/89).
ABDUL HAFEEZ MEMON AND MUKHTAR AHMAD, JUNEJO, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUSLIM COMMERCIAL BANK LTD. and others

VS

MAHMOOD AHMAD BUTT and others

Law:

Section:

(a) Muslim Commercial Bank (Staff) Service Rules, 1981Item No. 12(b)Bank employeesOrder of dismissal of such employees was required to have been passed by Senior Executive VicePresident of Head Office or President of the BankEmployees were not dismissed by Senior Executive VicePresident of Head Office or by President of the BankLabour Appellate Tribunal and High Court were correct in their view that employees could not have been dismissed by anybody inferior in rank to Senior Executive VicePresident of Head OfficeHigh Court had correctly maintained that Power of Attorney issued by Bank in favour of officer who had passed dismissal order, had no relevanceEmployees were, thus, correctly reinstated in service by Labour Appellate Tribunal and the High Court. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2 & S.O. 12(3)Industrial Relations Ordinance (XXIII of 1969), S. 25AGrievance petitionMaintainabilityDismissal of Bank employeeNature of duty performed by employee indicated that he was workman in terms of provisions of West Pakistan Industrial and Commercial Erhployment (Standing Orders) Ordinance, 1968, under S. 25A, Industrial Relations Ordinance, 1969Such right of worker was not affected by the fact that he was governed by rules which were not statutory for he could invoke jurisdiction of Labour Court in respect of any of his secured or guaranteed rights. (c) Industrial Relations Ordinance (XXIII of 1969) S. 25AConstitution of Pakistan (1973), Art. 185Dismissal of employees of Bank by officer of the Bank not competent to do soLabour Appellate Tribunal and High Court had correctly ordered such employees' reinstatement in service and'had rightly disallowed back benefits to them­Employees, however, having not been exonerated by any of the Courts which dealt with their case, Authorities if still anxious to proceed against them, would be within their rights to take action against them on basis of evidence already recorded by giving them reasonable opportunity to defend themselves Islamabad Club v. Punjab Labour Court No.2 PLD 1980 SC 307 rel, General Manager, National Radio Telecommunication Corporation,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492