Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Dismissal---Appellant, a Manager of a Bank, was dismissed from service for alleged acts of embezzlement and misappropriation of bank money--­Grievance petition was dismissed by Labour Court only on the ground that grievance notice had not been served upon the Bank---Evidence duly supported by legal presumption existed to the effect that grievance notice was received by Head Office of the bank---Branch Manager of the Bank did not state that he had verified from Head Office whether notice. had been received or not---Address on notice was not shown to be wrong, nor any question was put to appellant in cross-examination suggesting that he did not send grievance notice---Held, keeping evidence produced by both parties in juxtaposition and legal presumption, it could not be said that grievance notice was not served on Bank---Grievance petition, consequently could not be dismissed on that ground---Labour Court did not pass order on merit and had only dismissed petition on technical ground that grievance notice was not served---Finding of Labour Court was set aside and case was remanded to Labour Court for decision on merits on other issues after hearing arguments of parties. P L D 1972 S C 25 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A--='Workman"---Not the designation but nature of work actually done which determines status of employee as a "workman". P L D 1988 S C 633 rel. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---"Workman---Mere fact that person held power of attorney would not ipso facto take him out of definition of "workman" unless under Power of Attorney he had been authorised to do certain functions of administrative and supervisory nature. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Preamble---Bank Employees Staff Rules, 1980---Bank Employees Staff Rules, 1980, are not statutory Rules' so as to exclude application of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). DECISION This is an appeal against the order of learned Presiding Officer,…

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