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PLJ 2019 Tr.C. (NIRC) 63

FAZAL HUSSAIN UMRANI vs UNITED BANK LIMITED through President

CitationPLJ 2019 Tr.C. (NIRC) 63
CourtNational Industrial Relations Commission
Case No.Case No. 4B(03)/2016-K
Date2019-03-19
Judge(s)Fahmeeda Qadeer
ResultN/A

ORDER

This is petition under Section 33 of the IRA, 2012 wherein the petitioner has stated that he was appointed as Cashier on 15-11:1989. Thereafter ho was upgraded as Universal Teller. His duties were clerical and manual as such he is workman under the provision of Labour Laws. It is stated that the petitioner was served with charge- sheet dated 08-10-2015 on the basis of false and baseless allegation, which was replied on 14-10-2015. The respondents conducted the inquiry through a partial person wherein the petitioner was deprived of adducing defence, resultantly the petitioner was terminated from service vide letter dated 13-11-2015. The petitioner served grievance notice upon the respondents and has filed the present petition with prayer to set aside the impugned termination letter dated 13-1 1-2015 and to reinstate the petitioner in service with back benefits.

2. The petition is contested by the respondents by filing the reply statement wherein preliminary legal objection regarding maintainability of the petition has been take on the ground that the petitioner is not a workman being Officer Grade-III as Universal Teller. This position act as the primary interface with the visiting customer and execute any financial transaction including but not limited to accepting cash deposits executing various types of cheque cashing, issuance and redemption of all types of forms of payment on offer. While conducting the above transactions this positions primary accountability is the sorting and balancing of the assigned cash till according to standard operating procedures on a daily basis. The job responsibilities are Accu rate Execution of all Customer Financial Transactions, Controls and Compliance, Effective Sorting and Balancing of Operation Till and moreover the termination is not connected with an industrial dispute, which is prerequisite for filing grievance petition under Section 33 of the IRA, 2012. On facts, the respondents have denied the allegations leveled against them and prayed for dismissal of the petition.

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