| Case ID |
179e2cf5-9d6f-40f2-a733-5d63f3ba75a7 |
| Body |
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| Case Number |
Application No. 4 of 1983 |
| Decision Date |
Feb 15, 1984 |
| Hearing Date |
|
| Decision |
This application under section 25/A of the Industrial Relations Ordinance, 1969 has been filed by petitioner Ramzan Khan challenging the order of dismissal from service and has prayed for reinstatement and back benefits. The petitioner was employed by the respondent, Muslim Commercial Bank Ltd., Hyderabad, and was dismissed on October 20, 1982. A charge-sheet was filed against him on May 30, 1982, which he denied. An enquiry was conducted where the petitioner participated, leading to his dismissal. The petitioner filed a departmental appeal followed by a grievance notice, to which the respondent did not respond, prompting this application. The respondent denied the allegations and challenged the maintainability and jurisdiction of the court. Upon examination, it was determined whether the petitioner was a workman as defined by relevant ordinances and whether he was entitled to relief. The court found that the petitioner, employed as a Security Guard, did not perform manual or clerical duties and thus did not qualify as a workman under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Consequently, the petitioner was not competent to maintain a grievance petition under section 25-A of the Industrial Relations Ordinance. Additionally, the court found no merit in the petitioner's claims for reinstatement and back benefits, dismissing the application. |
| Summary |
In the landmark case of Ramzan Khan vs. MESSRS MUSLIM COMMERCIAL BANK LTD., HYDERABAD, adjudicated by the Labour Appellate Tribunal, Sindh on February 15, 1984, the petitioner challenged his dismissal from service under Section 25-A of the Industrial Relations Ordinance, 1969. Employed as a Security Guard, Khan contended that his role involved manual and clerical duties, qualifying him as a workman eligible to file a grievance petition. However, the respondent bank contended that the role of a Security Guard did not encompass such duties, thereby disqualifying Khan from maintaining a grievance under the specified ordinance. The tribunal meticulously examined the definitions under the Industrial Relations Ordinance and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, focusing on Section 2(i) related to security guards. Precedent cases, including 1982 P L C 323 and others, were cited to reinforce the stance that security personnel do not fall under the category of workmen eligible for such petitions. Furthermore, the tribunal reviewed the procedural aspects of the enquiry conducted by the bank, determining that any alleged irregularities did not materially prejudice the petitioner’s defense. The petitioner’s claims regarding conflicts over uniform demands were also scrutinized, with his own admissions weakening his position. Despite the arguments presented by advocate Wasiullah Qureshi emphasizing the nature of duties over job titles, the lack of evidence supporting Khan's claims led to the dismissal of the grievance petition. This case underscores the critical importance of clearly defined roles and responsibilities in employment ordinances and sets a precedent for how similar cases might be adjudicated in the future. Legal professionals and entities involved in labor disputes can draw valuable insights from this judgment, particularly concerning the eligibility criteria for filing grievance petitions and the interpretation of workman definitions within the framework of industrial laws. The decision also highlights the judiciary’s role in balancing procedural fairness with the substantive rights of employees, reinforcing the necessity for employers to maintain transparent and equitable employment practices. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Labour Appellate Tribunal, Sindh,
MESSRS MUSLIM COMMERCIAL BANK LTD., HYDERABAD
|
| Judges |
TAJ MUHAMMAD ABRO
|
| Lawyers |
Wasiullah Qureshi,
M. Bashir Awan
|
| Petitioners |
RAMZAN KHAN
|
| Respondents |
MESSRS MUSLIM COMMERCIAL BANK LTD., HYDERABAD
|
| Citations |
1984 SLD 1134,
1984 PLC 414
|
| Other Citations |
1982 P L C 323,
1982 PLC 215,
1981 C L C 1055,
1983 PLC 509,
1982 PLC 226,
1980 PLC 72,2,
1979 PLC 196,
1979 P L C 415,
1978 P L C (C. S.) 237,
P L D 1978 Kar. 649,
1977 S C M R 103,
P L D 1975 Kar. 274,
1982 PLC 137,
1982 PLC 132,
1982 PLC 371,
1982 P L C 903,
1975 P L C 34,
1983 P L C 550,
1982 P L C 61
|
| Laws Involved |
Industrial Relations Ordinance, XXIII of 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, VI of 1968
|
| Sections |
25-A,
2(i)
|