Case Details

Citation(s)
2007 SLG 1793 2007 SLD 1793 2007 PLC 138
Peshawar High Court
Labour Appeal No.23 of 2005, decision dated: 10-08-2006.
IJAZ-UL-HASSAN KHAN, J

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UNITED BANK LTD. and others

VS

MUKHTIAR HUSSAIN UNITED BANK LTD. and others vs MUKHTIAR HUSSAIN

Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12-Termination of service---Grievance petition---Appeal to High Court---Employee initially was appointed as Godown Keeper in the Bank and later on was designated as Assistant and Data Supervisor---Employee, in due course was transferred to Computer Centre of the Bank, from where by verbal termination order he was relieved due to closure of said Centre---Labour Court accepting grievance petition filed by employee against termination of his service, declared order of his termination illegal and directed his reinstatement in service with back benefits and wages---Bank, had filed appeal against of the Labour Court, alleging that the,employce was not in service of the Bank, but his wages were paid by a borrower of the Bank on whose Godown he was posted as Chowkidar and that he never worked against a permanent post at any time nor did he prove that he was a permanent employee of the Bank---Validity---Record had revealed that employee was duly recruited by the Bank as Godown Keeper and later on he was designated as Assistant and Data Supervisor---Employee having served the Bank for more than 22 years, Bank had no reason to do away with his services without any justifiable reason---Material available on the record had been appreciated by the Labour Court in its true perspective and findings of the court below did not appear to be the outcome of misreading and non-reading of evidence---Appeal against of Labour Court, was dismissed. Mir Muhammad Khan v. Secretary to Government and others 1997 SCMR 1477; Dr. Anwar Ali Sahto and others v. Federation of Pakistan and others PLD 2002 SC 101 and Abdul Sattar and another v. Sui Northern Gas Pipelines Limited and others 2001 SCMR 1935 rel. Nisar Ahmad Khan for Appellants. Waqas Ahmed for Respondent. Date of hearing: 7th July, 2006. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---This appeal under section 48 of the Industrial Relations Ordinance, 2002 (hereinafter referred to as the Ordinance), preferred on behalf of the appellant bank, is directed against the judgment/order,…
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