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Petitioner: Mian MANZOOR AHMAD VS Respondent: UNITED BANK LTD. KARACHI
1988 P L C 465
1988 P L C 465
[Labour Appellate Tribunal Punjab]
Present: Muhammad Abdul Ghafoor Khan Lodhi. Appellate Tribunal
Mian MANZOOR AHMAD and 3 others
Versus
UNITED BANK LTD. KARACHI and others
Appeals Nos.t11R‑20.0 to 203 of 1986, decided on 18th May, 1986.
Industrial Relations Ordinance (XXIII of 1969)‑‑ ‑‑‑Ss.2(fi), 2(xxviii), 25‑A & 38(3)‑‑Bank employee removed from service ceases to be a workman as defined in S.2(xxviii)‑‑Wage Commission Award relating to Bank employc.2s not an award as defined in S.2(ii) of Industrial Relations Ordinance‑‑Infringement of Wage Commission Award cannot be challenged in grievance petition before labour Court‑‑Grievance petition of Bank employee against dismissal from service, held, not maintainable and rightly returned by Labour Court for presentation to proper forum.
1985 P L C 1053 rel.
H.R. Raider for Appellants. M.S. Bokhari for Respondent (in Appeals Nos. 203 and 202 of 1986). Riaz Ahmad Khan for respondents (in Appeals Nos. 200 and 201 of 1986).
Date of hearing: 9th April, 1986.
JUDGMENT
The four appeals captioned above arise from the decisions dated 6‑3‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No.l, Lahore, whereby the grievance petitions of the appellants were directed to be returned to them for presentation to the proper forum.
2. On the allegations of misconduct the appellants were dismissed from service. The learned lower Court has, relying upon 1985 P L C 1053, held that the Labour Courts have no jurisdiction. The Lahore High Court in the said ruling held that bank employees who have been removed from service cease to remain covered by the definition of workman given in section 2(xxviii) of the Industrial Relations Ordinance, 1969 and that the Wage Commission Award not being an award as defined in the Industrial Relations Ordinance, 1969, the infringement of any of the, provisions of the said award cannot be challenged in Labour Courts. As the decisions of the Labour Courts and this Tribunal are subject to the writ jurisdiction of Lahore High Court, the dictums laid down by the said Court are to he followed even though the personal views of this Tribunal may be different. The learned lower Court thus rightly returned the grievance petitions to the appellants for presentation to the proper forum.
3. As a result, the appeals are dismissed but it is directed that if the Supreme Court or any other Bench of the Lahore High Court finds that the Labour Courts have jurisdiction, the appellants will be entitled to get their grievance petitions decided on merits by the learned lower Court.
A. E. /111/Lb.S Appeals dismissed