Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--------S.O. 15---Constitution of Pakistan (1973), Art.185(3)---Dismissal from service---Misconduct and unauthorized absence from duty, charge of---Employees of Bank designated as Officers Grade-III---Labour Court reinstated such employees in service finding them to be officers and their job being supervisory in nature---High Court set aside of Labour Court and non-suited such employees for being workmen---Supreme Court granted leave to appeal to consider, inter alia, whether on basis of material available on record, such employees could be non-suited for being not workmen within the meaning of term, more particularly when Management itself had resorted to disciplinary enquiry against them thereby treating them as workmen. Suleman Habibullah, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 20th June, 2005. ORDER RANA BHAGWANDAS, J.----These petitions are directed against the appellate judgments of the Sindh High Court identical in nature and involving common question of law. 2. Petitioners appear to be the employees of the Muslim Commercial Bank Limited and designated as Officers Grade-III. They were proceeded on the charge of misconduct and after holding departmental inquiries and dismissed from service by the Bank authorities on different dates. After submission of grievance petitions under section 25-A of the Industrial Relations Ordinance, 1969 (since repealed) on the management, petitioners filed separate applications before respective Sindh Labour Courts for the redress of their grievance and a direction for their reinstatement. 3. In C.P. No.530-K of 2004 petitioner was charge-sheeted on the ground of misappropriation of accounts; in C.P. No.601-K of 2004 petitioner was proceeded on the charge of unauthorized absence from duty for more than 10 days whereas in C.P. No.620-K of 2004 petitioner was proceeded on the ground of inefficiency and unauthorized absence in excess of 10 days. 4. The petitions were resisted by the Management on variety of grounds including the premise that the petitioners were officers of the Bank and not workmen…

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