Law:

Section:

. (a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.2 (xxviii) & 25-A---Constitution of Pakistan (1973), Art. 199--- Constitutional jurisdiction---`Workman'---Question whether employee was a workman or not was not purely a question of law but it was mainly a question of fact. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.2 (xxviii) & 25-A --`Workman'---Petitioner Bank, employer of respondent employee, contending that respondent was not a workman---Petitioner, himself took up the position that case of re6pondent was governed by `Wage Commission Award'---Admitted position was that award covered in its folds workmen only--­Petitioner, held, was estopped by its own conduct to turn round and contend that respondent was not a `workman'. Ganga R. Hamdani v. Standard Bank Ltd. and others 1985 S C M R 1511; Muhammad Rafique Ahmad v. Executive Board, United Bank Ltd. and 2 others 1983 P L C 96; Muhammad Tariq Saeed Hashmi v. Habib Bank Ltd., and 3 others 1983 P L C 810; United Bank Ltd., and others v. Muhammad Ali and 2 others 1984 P L C 1; Muhammad Zaheer Chauhdry v. Habib Bank Ltd. and others 1984 P L C 950; Muhammad Nasim Farooqi v. Muslim Commercial Bank Ltd., Karachi 1982 P L C 299; Muhammad Ali Ghani Khan v. Habib Bank Ltd., Karachi 1979 P L C 156; United Bank Ltd., Sukkur v. Abdul Wahab Qazi and 3 others 1983 P L C 237; Muhammad Iqbal Soomro v. Messrs United Bank Ltd., Karachi and others 1978 P L C 360; Allied Bank of Pakistan Ltd. v. Muhammad Humayun Khan and others 1983 P L C 498; Habib Bank Ltd. v. Amir Hussain and others 1988 P L C 951; National Bank of Pakistan v. Punjab Labour Court No. V and others 1988 P L C 956; Muslim Commercial Bank Ltd. v. Mushtaq Ahmad Malik and others 1988 P L C 945; Habib Bank Ltd. v. Punjab Labour Appellate Tribunal 1988 P L C 941 and Allied Bank Ltd. v. Khalid Mahmood and others 1989 P L C 12 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Appreciation of evidence---Contention of employer was that Labour Appellate Tribunal had misread evidence in arriving at conclusion; that guilt of employee was not proved and that inquiry proceedings were not brought on record except…

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