1983 PLP 704 (PLC(CS))

The appellant, Qurban Ali Channa, claims to have been in the employ ment of the National Bank of Pakistan, the respondents herein, since 2‑5‑1973, in the capacity of Assistant Cashier. Later he was promoted as Senior Cashier with effect from 1‑3‑1976. It appears that by order, dated 28‑5‑1977, he was put under suspension though, according to the appellant he was not informed of the cause of his suspension. After a lapse of about 2 years, the appellant was served with a notice, dated 21‑7‑1979, ‑requiring him to show cause why the penalty proposed in the notice be not imposed on him. The notice contained various allegations against the appellant pertaining to the period of 1975 to 1976. A domestic enquiry was ordered by the respondent bank on the basis of the aforesaid letter, but it is claimed by the appellant that no such enquiry was held and instead he was served with a dismissal order, dated 3‑5‑1981. The appellant claims to have preferred a departmental appeal but according to him he has received no reply to his appeal. The ‑appellant accordingly preferred a grievance petition before the learned VIIth Labour Court on 5‑8‑1981. The learned Labour Court has dismissed the grievance petition on the short ground that `the Labour Courts have no jurisdiction to entertain such grievance petitions from the employees of the National Bank of Pakistan. Aggrieved by this decision, the appellant has come up in appeal to this Tribunal.

2. I have heard. Mr. Hassan Hameedi, who appeared for the appellant and Mr. Nizamuddin Baloch, who represented the National Bank of Pakistan The main issue in this case, namely, whether employees of the National Bank of Pakistan are entitled to bring grievance petitions before Labour Courts, particularly in regard to the termination of their services or dismissal from service, was examined at some length by this Tribunal in the case of Altaf Ahmad Sheikh v. National Bank of Pakistan decided on 22‑3‑1982. It was held by this Tribunal in that case that the National Bank of Pakistan (Staff) Service Rules, 1980, which were framed by the banks in of the Award and recommendations of the Second Wage Commission for Banks & Financial Institutions, had prospective and not retrospective effect and that further as the rules were not statutory rules, neither the application of Standing Orders nor the. jurisdiction of the Labour Courts, particularly in the matter of termination of services, was excluded. In view of this decision, it was conceded by Mr. Nizamuddin Bloach, the learned counsel for the respondent bank, that he could not support the impugned order of the learned Labour Court. I would accordingly set aside the same and remand the case to the learned Labour Court for decision on merits. Case remanded: