1989SCMR317 (PLP)
COMMERCIAL BANK LTD. — Petitioner Versus PUNJAB LABOUR APPELLATE TRIBUNAL — Respondent
| Citation | 1989SCMR317 (PLP) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | COMMERCIAL BANK LTD. — Petitioner Versus PUNJAB LABOUR APPELLATE TRIBUNAL — Respondent |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1989SCMR317 (PLP)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR317 (PLP)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR317 (PLP) (COMMERCIAL BANK LTD. — Petitioner Versus PUNJAB LABOUR APPELLATE TRIBUNAL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ataur Rahman Sheikh, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for Petitioner.
- Rafiq Butt, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Respondents.
- Date of hearing: 2nd August, 1988.
- Ataur Rahman Sheikh, Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record for Petitioner.
- Rafiq Butt, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(From the order dated 20-3-1988 of the Lahore High Court, Lahore in Writ Petition No. 2219 of 1984).
Ss. 2 (xxviii) & 25-A--Constitution of Pakistan (1973), Art. 185(3)--Termination of services--Bank Manager whether "workman" in the light of chart of his duties- Respondent was a Manager in Bank when his services were terminated- Grievance petition of respondent dismissed by Labour Court on ground that he was not a "workman" within meaning of S. 2(xxviii), Industrial Relations Ordinance, 1969--Labour Appellate Tribunal, accepting appeal of Tribunal, held, that he was a "workman"--Constitutional petition filed by petitioner Bank against order of Tribunal dismissed by High Court--Chart of duties which Managers of Banks were required to perform was placed on record by petitioner-Bank--Leave to appeal granted to examine whether respondent was a "workman" in view of said Chart of duties placed on record.
Judgment & Decree
SAAD SAOOD JAN, J. ‑Jamal Din, respondent No. 3, was a Manager in Dalowal Branch of Muslim Commercial Bank. By an order dated 17‑1‑1982, the Bank terminated his services. He filed a grievance petition before the Punjab Labour Court No.4, Faisalabad. The Court dismissed his petition on the ground that he was not a workman within the meaning of clause (xxviii) of Section 2, Industrial Relations Ordinance, 1969. He filed an appeal before the Punjab Labour Appellate Tribunal. The learned Tribunal accepted the appeal and held that he was a workman. Accordingly, it set aside the order of the Labour Court and remanded the case back to it for a decision on merits. The Bank invoked the Constitutional jurisdiction of the High Court to call in question the legality of the order of the Tribunal. The High Court dismissed the writ petition. The Bank now seeks leave to appeal from this Court.
2. Learned counsel for the petitioner contends that Jamal Din was not covered by the definition of workman as given in clause (xxviii) of Section 2, ibid. In support of his contention he has placed a chart of duties, which the Banks Managers are required to perform. On the face of it, the chart does support the A contention of the learned counsel. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. Meanwhile, the operation of the order of the Appellate Tribunal is stayed. M.Y.H./M‑572/5 Leave granted.