Case Details

Citation(s)
2008 SLG 1837 2008 SLD 1837 2008 SCMR 1377
Supreme Court of Pakistan
Civil Appeal No.1639 of 2005, decision dated: 9-06-2008.(On appeal from the judgment, dated 29-10-2004 passed by the Lahore High Court, Multan Bench, Multan in Writ Petition No.6860 of 2002)
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Muhammad Arif Alvi, Advocate Supreme Court and Arshad Ali Ch., Advocate-on-Record for Appellant. Yawar Ali Khan, Advocate Supreme Court for
Respondents Nos.1 to 3

MUHAMMAD NAWAZ BHATTI

VS

PRESIDENT, MUSLIM COMMERCIAL BANK LIMITED, KARACHI and others

Law:

Section:

Industrial Relations Ordinance (XXVIII of 1969)---Ss. 25-A & 2---"Workman"---Definition---Scope and applicability of Ss.25-A & 2 of Industrial Relations Ordinance, 1969---Employee of a Bank, having an individual dispute unrelated to industrial dispute, was not a "workman" for the purpose of S.25-A read with S.2 of the Industrial Relations Ordinance, 1969 and was therefore, not entitled to the remedy provided under S.25-A of the Ordinance---Principles. Syed Matloob Hassan v. Brooke Bond Pakistan Limited, Lahore 1992 SCMR 227; National Bank of Pakistan v. Punjab Labour Court No.5, Faisalabad and 2 others 1993 SCMR 672; Muhammad Ahmed v. Government of Sindh and another 1999 SCMR 255 and Messrs Shaheen Airport services v. Nafees-ul-Hassan Siddiqui and another 2001 Pi.0 737 distinguished. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- This appeal with leave of the Court, is directed against judgment, dated 29-10-2004, passed by learned Lahore High Court, Multan Bench, Multan, whereby Writ Petition No.6860 of 2002 filed by respondents was accepted and orders, dated 28-8-2001 and 23-5-2002 of the forums below were declared to have been passed without lawful authority and of no legal effect. 2. Facts of the case which we have gathered from the record are, that appellant Muhammad Nawaz Bhatti, was appointed in the respondent-Bank as Assistant in the year 1975 and was promoted as Officer Grade-III in due course. On 18-3-1999, while appellant was posted as Officer Grade-III in Hussain Agahi Road Branch, one Muhammad Amin brought a draft of Rs.15,000. The said draft was deposited in his account. On the same day, another draft for Rs.25,000 was brought by one Mubeen Ejaz and the same was credited to the account of above mentioned Muhammad Amin. In consequence of a complaint by Branch Manager, an inquiry was held. The appellant was charge-sheeted for "misconduct" and embezzlement. Ultimately, having been found guilty, appellant was dismissed from service by respondent No.2 vide order dated 24-4-1999. Appellant, feeling aggrieved filed a grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, before Punjab Labour Court, Multan. The petition was…
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