1999 PLP 414 (PLC)
MUHAMMAD ASHRAF MEMON and another Versus UNITED BANK LIMITED
| Citation | 1999 PLP 414 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Dr. Tanzil-ur-Rahman, Chairman |
| Parties | MUHAMMAD ASHRAF MEMON and another Versus UNITED BANK LIMITED |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1999 PLP 414 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 414 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Dr. Tanzil-ur-Rahman, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 414 (PLC) (MUHAMMAD ASHRAF MEMON and another Versus UNITED BANK LIMITED). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S: 38(3-a)
Service Tribunals Act (LXX of 1973), S.2-A
Employees of Bank controlled by Government having been treated to be civil servants in view of newly-added S.2-A in Service Tribunals Act, 1973; revision petition filed before Labour Appellate Tribunal under S.38 (3-a), Industrial Relations Ordinance, 1969 had stood abated as Labour Appellate Tribunal had ceased to have jurisdiction to entertain said revision. M. Latif Saghar for Applicants.
Judgment & Decree
This is a revision application filed by the applicant against United Bank Limited which is not a Private Bank.
2. In view of the newly‑added section 2‑A in the Service Tribunals Act, 1973 employees of the United Bank Limited (and for that matter the other nationalized. Banks) have been treated to be civil servants. The said section reads as under:‑‑
"(2‑A). Service under certain corporations etc. to be service of Pakistan.‑‑Service under any authority, corporation, body or organization established by or under a Federal Government or in which the Federal Government has a controlling share or interest is hereby declared to be service of Pakistan, and every person holding a post under such authority, corporation, body or organization shall be deemed to be a civil servant for the purpose of this Act."
3. A perusal of the above newly‑added section 2‑A will show that the service under any authority. Corporation, body or organization established by or under Federal Law which is owned or controlled by the Federal Government or in which ‑the Federal Government has a controlling share or interest has been declared to be service of Pakistan,. and that every person holding a post under any such authority. Corporation, body or organization shall be deemed to be a civil servant for the purpose of Service Tribunals Act, 1973. It is noticeable that such employees mentioned in section 2‑A, have been treated in the service of Pakistan for a limited purpose of providing remedy by way of appeal to them against an order of which they felt aggrieved. I have perused the judgment, dated 16th April, 1998 of the Hon'ble Supreme Court rendered by Justice Ajaml Mian, the Chief Justice, passed on a bunch of Civil Petitions and also an order, dated 26‑9‑1998 passed by my learned predecessor in this Tribunal. It was held that the appeals/applications in this Tribunal have been abated. In view of the above, this Court has ceased to have the jurisdiction to entertain the above revisions which stand abated. Announced in open Court this 4th day of February, 1999. H.B.T./306‑K/Lab. (Trib.) Revision dismissed.