| Case ID |
43077fd1-a275-4d67-9649-f4fd8049258f |
| Body |
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| Case Number |
D-195 of 1987 |
| Decision Date |
Dec 27, 1992 |
| Hearing Date |
Jul 18, 1992 |
| Decision |
The Sindh High Court overturned the decision of the Sindh Labour Appellate Tribunal, which had reversed the Labour Court's dismissal of the grievance petition filed by the respondent. The Court determined that the respondent was wrongfully dismissed from the National Bank of Pakistan and was entitled to reinstatement along with 50% back benefits. The Court emphasized the importance of statutory rules applicable to employees of the National Bank, affirming that the grievance petition was maintainable under the Industrial Relations Ordinance. The Court also clarified the onus of proof regarding back benefits, stating that the employer must demonstrate that the workman was gainfully employed during the period of dismissal. |
| Summary |
The case revolves around the National Bank of Pakistan's dismissal of an employee, who filed a grievance petition challenging the legality of his dismissal. The Sindh Labour Court initially dismissed the petition, but the Sindh Labour Appellate Tribunal reversed this decision, leading to the current appeal. The High Court ruling underscores the significance of statutory service rules governing bank employees and the right of these employees to seek redress through Labour Courts. It also highlights the principles related to back benefits, clarifying the employer's burden of proof in cases of wrongful dismissal. This case is significant for understanding the legal framework surrounding employment rights in Pakistan, particularly in the banking sector. |
| Court |
Sindh High Court
|
| Entities Involved |
National Bank of Pakistan
|
| Judges |
IMAM ALI G. KAZI,
MUHAMMAD HUSSAIN ADIL KHATRI
|
| Lawyers |
Partab Rai,
Salahuddin H. Ahmed
|
| Petitioners |
National Bank of Pakistan
|
| Respondents |
Muhammad Hussain Adil Khatri
|
| Citations |
1993 SLD 1423,
1993 PLC 625
|
| Other Citations |
1980 PLC 197,
1990 PLC 593,
PLD 1988 SC 53,
1992 PLC 515,
1983 SCMR 769
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
National Bank of Pakistan (Staff) Service Rules, 1973
|
| Sections |
25-A
|