QADIR RASHEED vs UBL S — 2021 PLC 260 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION

Case information

Citation: 2021 PLC 260 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION
Year: 2021
Reporter: PLC
Parties: QADIR RASHEED vs UBL S
Provisions referred to: S. 33---I

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QADIR RASHEED VS UBL S.33---Individual grievance---Scope---Petitioner claimed that he was appointed in the (respondent) Bank in the year 1979; that he served grievance notice on the Employer Bank for regularization of his services; that after receiving the grievance notice, the petitioner was terminated without any reason; that the petitioner served another notice against verbal termination and that having no response he filed the present grievance petition---Contention of employer Bank, inter alia, was that the petitioner was not its employee rather he was a godown keeper, who was employed by borrower of the Bank---Validity---Godown keeper had to be loyal to Bank as he was keeping eyes on pledged assets on behalf of the Bank as it was in its interest because Bank had extended finance facility against the assets; contention of Bank that godown keepers were employees of owners of pledged assets was not plausible because the owners of pledged assets would not safeguard assets of Bank---Petitioner had remained godown keeper with various companies/traders on behalf of Bank---Had the petitioner been employee of a particular company he could not have switched over from one owner to another on behalf of the Bank---Besides admission of Bank that petitioner was godown keeper, the petitioner had also provided copies of various documents which were sufficient proof of the fact that the petitioner was performing duties with the Bank as daily wages/casual labourer---Petitioner had attained the status of permanent workman---Petition was allowed, in circumstances and the petitioner was re-instated into service with full back benefits.

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