COMMERCIAL BANK LTD. Versus PUNJAB LABOUR APPELLATE TRIBUNAL

ORDER

SAAD SAOOD JAN, J . ‑Jamal Din, respondent No. 3, was a Manager in Dalowal Branch of Muslim Commercial Bank. By an order dated 17‑1‑1982, the Bank terminated his services. He filed a grievance petition before the Punjab Labour Court No.4, Faisalabad. The Court dismissed his petition on the ground that he was not a workman within the meaning of clause (xxviii) of Section 2, Industrial Relations Ordinance, 1969. He filed an appeal before the Punjab Labour Appellate Tribunal. The learned Tribunal accepted the appeal and held that he was a workman. Accordingly, it set aside the order of the Labour Court and remanded the case back to it for a decision on merits. The Bank invoked the Constitutional jurisdiction of the High Court to call in question the legality of the order of the Tribunal. The High Court dismissed the writ petition. The Bank now seeks leave to appeal from this Court.

2. Learned counsel for the petitioner contends that Jamal Din was not covered by the definition of workman as given in clause (xxviii) of Section 2, ibid. In support of his contention he has placed a chart of duties, which the Banks Managers are required to perform. On the face of it, the chart does support the A contention of the learned counsel. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. Meanwhile, the operation of the order of the Appellate Tribunal is stayed.

M.Y.H./M‑572/5 Leave granted.