| Case ID |
2c94de51-4390-46d7-8e6d-4f323ccc4758 |
| Body |
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| Case Number |
KAR-112 of 1983 |
| Decision Date |
May 09, 1983 |
| Hearing Date |
May 09, 1983 |
| Decision |
The appeal was dismissed as the appellant, Syed Abdul Saleem, failed to demonstrate that he was performing clerical or routine duties after his promotion to Officer Grade. The Labour Court's ruling was upheld, affirming that the appellant was not considered a 'workman' under the relevant laws, and thus, his grievance petition regarding his dismissal was not maintainable. The findings of both domestic inquiries, which established charges of dishonesty and falsification of documents against him, were also upheld. The tribunal found no grounds to overturn the Labour Court's decision, emphasizing the lack of evidence provided by the appellant to support his claims. |
| Summary |
In the case of Syed Abdul Saleem vs. Habib Bank Ltd., the Labour Appellate Tribunal of Sindh addressed the dismissal of the appellant from his position within the bank. Initially appointed as a typist and later promoted to an officer grade, the appellant faced serious allegations including dishonesty related to medical bill claims and submission of a false educational certificate. The tribunal upheld the Labour Court's decision, which ruled that the appellant was not classified as a workman under the relevant labor laws, thereby dismissing his grievance petition. The case highlights critical aspects of employment law, particularly regarding the definitions of workman status, disciplinary actions, and the evidence required to support claims of wrongful termination. The tribunal concluded that the appellant failed to meet the burden of proof necessary to demonstrate that he was entitled to the protections afforded to workmen under the Industrial Relations Ordinance. This decision serves as a significant precedent in labor law, emphasizing the importance of clear evidence and proper classification of employees under labor statutes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
HABIB BANK LTD
|
| Judges |
Z. A. CHANNA,
Syed ABDUL SALEEM
|
| Lawyers |
S. All Ashraf
|
| Petitioners |
Syed ABDUL SALEEM
|
| Respondents |
HABIB BANK LTD
|
| Citations |
1984 SLD 1087,
1984 PLC 212
|
| Other Citations |
Not available
|
| 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),
S.O. 12(3)
|