Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---Grievance petition---Appeal---Employee, who was dismissed from service, filed grievance petition, but during pendency of said grievance petition section 2-A of the Service Tribunals Act, 1973, having been introduced, grievance petition was returned to the employee---Employee, thereafter approached Service Tribunal, but appeal filed by the employee was dismissed by the Service Tribunal on the point of maintainability---Employee assailed order of Service Tribunal before the Supreme Court, which remanded case to Service Tribunal for decision on merits and the employee could get relief only to the extent of conversion of his penalty of dismissal into compulsory retirement from Service Tribunal---Employee, however, could not get benefit from the of the Service Tribunal, which was in the field---Employee tried his best for pensionary benefits, but with no result whereafter employee rushed to the Labour Court---Validity---Firstly the employees of the respondent/ Bank, were regulated under the statutory rules, but later on those statutory rules were converted into non-statutory rules---Such conversion could not hold the field because statutory rules could not become non-statutory through resolution of Directors of the Bank---Bank's rules and regulations, which were statutory, could not be treated as non-statutory just to satisfy to the whims and moods of the Bank's Authorities, unless and until conversion of the same be in line with law---In the present case whatever be the situation of the employee who was an employee of the Bank, he remained amenable to the jurisdiction of Service Tribunal---Judgment of the Service Tribunal whereby the penalty of dismissal was converted into compulsory retirement would hold the field and it was obligatory on the Bank Authorities to implement the same in letter and spirit---Question was as to how in the appeal which was against the of Labour Court, said direction could be issued to the Bank---High Court had ample powers to issue a direction to a `person' as defined under Art.199 of the Constitution, and respondent-Bank fell within said definition of…

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