DECISION Respondent Mr. Abdul Wahab Abro was -an officer in National Bank of Pakistan undergoing training as officer Grade-III. He was on probation. His services were terminated during probationary period without any enquiry and without assigning any reasons under the Bank Staff Rules, 1973.
2. It is the case of the respondent Abdul Wahab Abro that he was working as a clerk doing clerical job and his termination was in violation of Standing Orders Ordinance and I.R.O. That his services were terminated without an order in writing as required under Order 12(3) of the Ordinance.
3. The Appointment Order, dated November 15, 1989 by the Bank shows that the respondent was appointed as Officer Grade-III in the National Bank on probation for one year, the Bank having the right to terminate his services at any the without assigning any reasons.
4. On appointment the respondent was posted at N.B.P., Karachi Region on 4th December, 1989 on 25th September, 1990 the services of the respondent were, terminated by an order in writing under Rule 15 of the. Banks Staff Service Rules. He was allowed one month's pay in lieu of notice under the Rules.
5. Thus the respondent as an officer in the National Bank was neither manual worker nor a clerk. He, was appointed on probation for one year and during that period of probation his services were terminated.
6. Since the respondent was not a workman or a clerk he could not avail of the provisions of section 25-A of the I.R.O. Nor could he seek A redress from the Labour Court. His case was of master and servant and if he felt aggrieved he could have the ordinary Civil Court for redress.
7. Under the circumstances the order of the Labour Court was without jurisdiction, as the grievance petition under section 25-A of the I.R.O. Was not maintainable.
8. In the present days negligence of duties and corruption has become the order of the day even in the Banks and daily there are reports about the Banks being wound up on account of defalcations or negligence of the employees. The Banks have, therefore, to be very careful in selecting their staff and this discretion cannot be withdrawn from the governing officers of the Banks on any excuse.
The respondent had been appointed as officer of the Bank and he was a trainee during probation as such, his services could be terminated at any the. It is immaterial what work he was assigned during the training to prepare him to be a Bank Officer.
9. The order of the Labour Court reinstating Mr. Abdul Wahab Abro in, service with back benefits is therefore set aside and the appeal is allowed.