Citation Name: 2023 PLC 34 PESHAWAR-HIGH-COURTBookmark this Case FIDA ULLAH KHAN vs PRESIDENT HABIB BANK LIMIT

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Citation Name: 2023 PLC 34 PESHAWAR-HIGH-COURTBookmark this Case FIDA ULLAH KHAN VS PRESIDENT HABIB BANK LIMITED, HEAD OFFICE, HABIB BANK PLAZA KARACHI S.2(i)---"Workman"---Scope---Where a workman claims violation of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, he has to prove himself to be a workman within the meaning of S.2(i) of the Ordinance. Citation Name: 2023 PLC 34 PESHAWAR-HIGH-COURTBookmark this Case FIDA ULLAH KHAN VS PRESIDENT HABIB BANK LIMITED, HEAD OFFICE, HABIB BANK PLAZA KARACHI S.2(i)---"Workman"---Scope---Person who approaches the Court on the basis of averment that he is a "workman" within the definition of law, the burden of proof lies on him and not the employer. Citation Name: 2023 PLC 34 PESHAWAR-HIGH-COURTBookmark this Case FIDA ULLAH KHAN VS PRESIDENT HABIB BANK LIMITED, HEAD OFFICE, HABIB BANK PLAZA KARACHI S.33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Individual grievance---Termination of employment---"Workman"---Bank Manager---Scope---Petitioner was initially appointed against the post of Branch Manager and later on he was posted as Assistant Manager-II/Relationship Manager Retail and thereafter he was terminated from service---Single Bench of NIRC (National Industrial Relations Commission) reinstated the petitioner in service---Full Bench of NIRC, on appeal, set aside the order passed by Single Bench---Validity---Petitioner had remained unable to prove himself a workman in terms of S. 2(i) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, as he was not performing any manual or clerical duties---Staff Service Rules of the Bank ousted him from the clerical cadre and instead had placed him in the management cadre---Petitioner was holding power of attorney on behalf of the Bank---Petitioner, in order to wriggle out of the objection pertaining to his status as Manager, should have given the details about the nature of his job particularly of his last posting; similarly, also to have explained the effect of power of attorney and also about the details powers mentioned in the power of attorney but he had failed to discharge the onus of proof---Constitutional petition, being bereft of any merit, was dismissed.

Citation Name: 2023 PLC 34 PESHAWAR-HIGH-COURTBookmark this Case FIDA ULLAH KHAN vs PRESIDENT HABIB BANK LIMITED, HEAD OFFICE, HABIB BANK PLAZA KARACHI S — 2023 PLC 34 PESHAWAR-HIGH-COURT

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