Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Industrial dispute---Workman---In order to classify an employee as a "workman" the decisive factor would be the nature of his duties and not-the designation which he carried. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 38-A to 38-I---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)---Rules which had been framed on recommendation of Wage Commission Award, could not be designated as statutory Rules so as to exclude application of Standing Orders Ordinance, 1968---Contention of employers that Standing Orders Ordinance would not apply to case of employee because of provisions of S.38-A to 38-I, Industrial Relations Ordinance, 1969, was devoid of any force as employers had not statutory Rules to govern case of employee. Nisar Ahmed Khan for Appellants. Abdul Waheed for Respondent. JUDGMENT This appeal under section 37 of the Industrial Relations Ordinance, 1969, has been moved to impeach the correctness of the order dated 14-3-1990 of the learned Presiding Officer, Labour Court, Peshawar whereby the dismissal order of the respondent was set aside and his reinstatement in service with back benefits was ordered. 2. The litigation before the Labour Court was necessitated when the respondent was removed from service by order dated 1-6-1986. The facts which can be gathered from the contents of the grievance petition under section 25-A of the Industrial Relations Ordinance and the other materials on record are that the respondent was employed as Agriculture Credit Officer in the appellant-Bank; that the respondent was dismissed from service on the basis of the charge-sheet contained in Exh. P.W.1/2 dated 18-9-1984 and Exh. PW.1/5, dated 18-3-1985 and Exh. PW-1/6, dated 6-6-1985. Exh. PW-1/2 and Exh. PW-1/5 refer to the same charge and the operative portion of which as contained in Exh. PW-1/2 reads "It has been reported against you that during your tenure at B/O Swabi (Mardan Region) as Agriculture Credit Officer you had availed agriculture loan up to the tune of Rs.102,000 in the names of farmers and had misused the amount". Exh. PW-1/6 is…

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