| Case ID |
1a971fc9-d8f2-4be9-8f2b-8bb8d9f21851 |
| Body |
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| Case Number |
Civil Appeal Nos. 1189 of 2014 |
| Decision Date |
Apr 11, 2019 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Habib Bank Limited challenging the decision of the Lahore High Court, which had previously ruled in favor of Gulzar Khan. The Court found that Gulzar Khan, as a Manager and Officer Grade-II of the bank, was not classified as a 'workman' under the relevant labor laws. The Court determined that the Labour Court lacked jurisdiction to entertain his grievance petition, as the nature of his duties was managerial and supervisory rather than clerical. Consequently, the appeal was granted, and the High Court's order was set aside, remanding the matter to the appropriate forum for further proceedings consistent with this decision. |
| Summary |
This case revolves around the employment status of Gulzar Khan, who worked as a Manager at Habib Bank Limited. The Supreme Court of Pakistan addressed whether he qualified as a 'workman' under the Financial Institutions (Recovery of Finances) Ordinance, 2001 and the Civil Procedure Code. The Court ruled that Gulzar Khan's managerial position and responsibilities excluded him from the definition of a 'workman', thus denying the Labour Court jurisdiction to adjudicate his grievance petition. The judgment emphasized the importance of the nature of duties performed by an employee in determining their legal status. The ruling sets a precedent for similar cases involving banking and managerial roles, clarifying the applicability of labor laws to higher-ranking employees. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Habib Bank Limited,
Gulzar Khan
|
| Judges |
GULZAR AHMED,
QAZI FAEZ ISA,
YAHYA AFRIDI
|
| Lawyers |
Mr. Faisal Mehmood Ghani, ASC,
Mr. Zulfiqar Khalid Maluka, ASC
|
| Petitioners |
HABIB BANK LIMITED
|
| Respondents |
OTHERS,
GULZAR KHAN
|
| Citations |
2019 SLD 2185,
2019 PLJ 455
|
| Other Citations |
2015 SCMR 434,
2011 SCMR 1475,
2009 PLC 260
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Civil Procedure Code (V of 1908)
|
| Sections |
9,
O.XXIX,R.1
|