| Case ID |
144529cd-2857-4689-98f6-2799adb1dfca |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2370 of 2020 |
| Decision Date |
Oct 21, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court ruled on the status of a respondent who was an Officer Grade-III employee of the petitioner, United Bank Limited. The court determined that the respondent ceased to have the status of a workman because they were granted managerial and supervisory powers through a power of attorney. This decision led to the restoration of the order passed by the Member of the National Industrial Relations Commission, while setting aside the impugned order of the Full Bench. The court emphasized that the nature of the work performed, rather than the designation, is the critical factor in determining a workman's status. |
| Summary |
In the case of Writ Petition No. 2370 of 2020, the Islamabad High Court addressed the status of an Officer Grade-III employee of United Bank Limited. The key issue revolved around whether the employee maintained their classification as a workman after being granted a power of attorney, which conferred managerial and supervisory responsibilities. The court concluded that due to the nature of the powers assigned, the employee did not qualify as a workman under the Industrial Relations Act, 2012, specifically Section 33, and the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The ruling highlighted the importance of the actual work performed over mere job titles in determining workman status. The decision reinstated the earlier ruling of the National Industrial Relations Commission, underscoring the legal interpretation of workman status in industrial relations. This case is significant for both employers and employees in understanding their rights and obligations under industrial law, particularly regarding workman classifications and the implications of managerial roles. |
| Court |
Islamabad High Court
|
| Entities Involved |
UNITED BANK LIMITED,
NATIONAL INDUSTRIAL RELATIONS COMMISSION
|
| Judges |
MIANGUL HASSAN AURANGZEB, J
|
| Lawyers |
Not available
|
| Petitioners |
UNITED BANK LIMITED through President
|
| Respondents |
another,
FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD
|
| Citations |
2023 SLD 370,
2023 PLC 5
|
| Other Citations |
Ganga R. Madhani v. Standard Bank Limited 1985 SCMR 1511,
Muslim Commercial Bank Ltd. v. Muhammad Shahid Mumtaz 2011 SCMR 1475,
Allied Bank of Pakistan Ltd. v. M.R. Nadeem 2002 PLC 131,
Dilshad Khan Lodhi v. Allied Bank of Pakistan 2007 PLC 41,
Habib Bank Limited v. Gulzar Khan 2019 SCMR 946
|
| Laws Involved |
Industrial Relations Act, 2012,
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
33,
2(i),
2(c)
|