UNITED BANK LIMITED vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S

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UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S.2(i)---"Workman"---Scope---Employee cannot assert himself to be a workman where a power of attorney is executed by the employer (Bank) in his favour giving powers of a managerial or administrative nature---Such is so even where it is not proved that the power of attorney has been physically delivered to the employee or where the employee has not, during the course of his employment, actually exercised powers under the power of attorney---Mere fact of the execution of the power of attorney and the employee's knowledge as to such execution is enough. Citation Name: 2023 PLC 5 ISLAMABADBookmark this Case UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S.33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Grievance petition---Termination from service---Workman, determination of---Scope---Question before High Court was whether the respondent as an Officer Grade-III employee of the petitioner (Bank) ceased to have the status of a workman on account of the power of attorney having been executed in his favour---Validity---Powers that were given to respondent under the power of attorney were of a managerial and supervisory nature---Such powers took the respondent out of the ambit and meaning of a workman---Constitutional petition was allowed, impugned order passed by Full Bench of National Industrial Relations Commission (NIRC) was set aside and the order passed by Member, National Industrial Relations Commission, was restored. Citation Name: 2023 PLC 5 ISLAMABADBookmark this Case UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S.2(i)---"Workman"---Scope---Workman means a person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical work for hire or reward. Citation Name: 2023 PLC 5 ISLAMABADBookmark this Case UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S.2(i)---"Workman"---Scope---Burden to prove as to whether the employee who approaches the Courts/Tribunals is a workman lies on the employee and not the employer. Citation Name: 2023 PLC 5 ISLAMABADBookmark this Case UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S.2(i)---"Workman"---Scope---Nature of the work done by an employee would be the essential and fundamental consideration and not just his designation for determining the question whether he is a worker or a workman. Citation Name: 2023 PLC 5 ISLAMABADBookmark this Case UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD art.199---High Court (Lahore) Rules and Orders, Vol. V, Chap. 1, Part a, Rule 9 & Chap. 4, Part J, R. 2---Constitutional jurisdiction---Writ of certiorari---Power to return petition for amendment---Scope---application under the Constitution shall be accompanied by an affidavit or affidavits in proof of the fact and certified copies of all pleadings, documents, orders of the subordinate Court or authority or tribunal, including the evidence recorded, if any, unless dispensed with by the Court---High Court directed its office not to accept for filing a petition seeking the issuance of a writ of certiorari without a certificate of the counsel for the petitioner to the effect that the record of the Court or Tribunal below has been filed along with the petition. Citation Name: 2023 PLC 5 ISLAMABADBookmark this Case UNITED BANK LIMITED VS FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S.2(c)---"Employer"---Scope---Employer includes any person responsible to the owner for the supervision and control of such establishment.

UNITED BANK LIMITED vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD S — 2023 PLC 5 ISLAMABAD

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