Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(xxviii),25-A

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 2(h)(i),12(3)

(a) Industrial Relations Ordinance (XXIII of 1969)---   ----Ss. 2(xxviii) 25-A---Constitution of Pakistan (1973), Art.185(3)---Dismissal from service---Officer Grade-II posted as Branch Manager of Bank---Grievance petition---Maintainability---Order of Labour Court reinstating such Manager in service with back-benefits upheld by High Court in appeal filed by Bank---Banks plea that such Manager was not a workman for he as its duly constituted attorney could engage, employ, control and dismiss employees whether engaged by him or Bank or otherwise---Validity---Supreme Court granted leave to appeal to consider the issue by reappraising entire evidence.    (b) Industrial Relations Ordinance (XXIII of 1969)---   ----Ss. 2(xxviii) 25-A---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.2(h)(i) 12(3)---Dismissal from service---Remedy---Status of employee, determination of---Scope---If such dismissal of employee did not arise out of an industrial dispute, then his status as to whether or not he was a workman, would be determined under provisions of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.   Mustehkum Cement Limited v. Abdul Rashid 1998 SCMR 644 rel.   (c) Industrial Relations Ordinance (XXIII of 1969)---   ----Ss. 2(xxviii) 25-A---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.2(h)(i) 12(3)---Constitution of Pakistan (1973), Art.185(3)---Dismissal from service---Officer Grade-II posted as Branch Manager of Bank---Charge of misappropriation of amount deposited by customers in Bank---Grievance petition---Maintainability---Order of Labour, Court accepting grievance petition upheld by High Court in appeal filed by Bank---Validity---Dismissal of respondent had not arisen out of an industrial dispute, thus, his status as to whether or not he was a workman, had to be determined under provisions of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Bank, much prior to present incident, had executed power of attorney in favour of respondent giving him all administrative control of its Branch with powers to hire and…

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