| Case ID |
02dc8805-7e37-4205-8582-edd7e874130b |
| Body |
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| Case Number |
Labour Appeal No. 20 of 1982 |
| Decision Date |
May 21, 1983 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs. The court held that the appellant, an officer of Grade-III at Habib Bank Limited, was not classified as a 'workman' under the Industrial Relations Ordinance, 1969. The appellant's role and salary indicated that he was not entitled to file an application under section 25-A of the I.R.O. The court emphasized that the powers of hiring and firing are not the sole criteria for determining workman status. The total emoluments, including allowances, were considered relevant in assessing the appellant's classification, ultimately concluding that he was not a workman and the application was not maintainable. |
| Summary |
In the Labour Appeal No. 20 of 1982, the Labour Appellate Tribunal dealt with the case of an employee of Habib Bank Limited who contested his termination from service. The appellant was appointed as a Grade-III officer and argued that he should be considered a 'workman' under the Industrial Relations Ordinance (I.R.O.). However, the Tribunal found that despite his designation, the nature of his duties and the salary he received placed him outside the definition of a workman. The decision highlighted the importance of job classification and the comprehensive evaluation of salary components, including allowances, in determining employee status. The ruling clarified the distinction between clerical and officer roles in banking, reinforcing that not all employees performing similar tasks fall into the same legal category. The case underscores the complexities of employment law and the need for clear definitions within statutory frameworks. |
| Court |
Labour Appellate Tribunal
|
| Entities Involved |
Habib Bank Limited,
|
| Judges |
Zakaullah Lodhi, ACTG. C.J.,
Muhammad Tariq Saeed Hashmi
|
| Lawyers |
W. N. Kohli,
Tariq Mehmood
|
| Petitioners |
,
HABIB BANK LTD.
|
| Respondents |
|
| Citations |
1983 SLD 104,
1983 PLC 810
|
| Other Citations |
1982 P L C 1050,
1982 P L C 294,
1982 P L C 116
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(xxviii)
|