Case Details

Citation(s)
2008 SLG 1881 2008 SLD 1881 2008 SCMR 1530
Supreme Court of Pakistan
C.P.L.A. No.452-K of 2005, decision dated: 2-11-2005, hearing DATE : 31st October, 2005(On appeal from order of Sindh High Court, Hyderabad Circuit, dated 14-3-2005 passed in Labour Appeal No.107 of 2004)
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ
Suleman Habibullah, Advocate-on-Record/Advocate Supreme Court for Petitioner. Shahid Anwar Bajwa, Advocate Supreme Court and Ahmadullah Farooqi, Advocate-on-Record for
Respondents Nos. 1 to 3. Nemo for
Respondent No. 4

DILSHAD KHAN LODHI

VS

ALLIED BANK OF PAKISTAN and others

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Status of employee, whether workman or officer---Determination---Mere designation of a person, amount of emoluments drawn by him or holding a power of attorney on behalf of employer, by itself, would not be the sole criteria for determining his status. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Status of employee of Bank, whether workman or officer---Determination---Employee of Bank being an Officer Grade-II heading a department of Bank independently and supervising work of five persons had no power of hire and fire---Employee preliminary was not employed as workman for doing manual or clerical or skilled or unskilled work---Nature and duties performed by such employee primarily and essentially appearing to be of managerial and supervisory nature---Such employee would fall beyond the ambit and purview of the term "workman". (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)-"Workman"-Misconduct-Legal duty of employer would be to hold an enquiry in order to arrive at truth of allegation and afford an opportunity of reasonable defence to person concerned. (d) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Concurrent findings of fact by Courts below---Such findings not suffering from misreading or non-reading of record or omission to consider a material document having bearing on the facts of case---Supreme Court dismissed petition in circumstances. JUDGMENT RANA BHAGWANDAS, J.--- This petition is directed against concurrent findings of fact arising out of grievance petition of the petitioner, an Officer Grade-II working in respondent-Bank, dismissing his petition as well as appeal against order of dismissal from the service. 2. Petitioner joined the respondent-Bank on 28-10-1977 as typist. He was promoted as Officer Grade-III on 1-1-1992 and rose to the office of officer Grade-II with effect from 1-1-1999. He was serving as Head of Foreign Exchange Department, Station Road Branch,…
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