MUSLIM COMMERCIAL BANK LIMITED vs RIZWAN ALI KHAN S — 2024 PLC 91 SUPREME-COURT

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MUSLIM COMMERCIAL BANK LIMITED VS RIZWAN ALI KHAN S. 2(xxxiii)---'Worker' and 'workman', status of---Burden of proof---Factors and evidentiary requirements to be considered by Courts while determining whether an employee is a workman stated. Citation Name: 2024 PLC 91 SUPREME-COURTBookmark this Case MUSLIM COMMERCIAL BANK LIMITED VS RIZWAN ALI KHAN S. 2(xxxiii)--- Bank employee executing duties of a branch manager---Not a workman---Evidence produced by the petitioner-Bank showed that the respondent-employee was not a workman; that the respondent was appointed as a bank manager at one of the branches of the petitioner-Bank---Performance evaluation report of the respondent for the relevant period showed that he was working as OG-II/bank officer and his work included supervision and guidance; he was being assessed on the basis of management skills and not on the basis of clerical skills---Respondent was involved in financial management, people management, processes and controls, customer focus and operational efficiency---List of duties assigned to the respondent showed his control of internal working, development of branch deposit, advances, marketing, KB accounts opening etc.---Simply placing reliance on the respondent not being able to hire or fire or not having a power of attorney was not sufficient evidence for the purposes of determining the status of a workman---Respondent did not establish the nature of his work or his duties and his emphasis remained on what he did not have the authority to do---Labour Court and NIRC failed to analyse the evidence before them and ignored the established principles on how to establish workman status and the High Court, thereafter, affirmed those orders without considering the law and the evidence in the case---Petition was converted into an appeal and allowed, and the impugned judgments were set aside. Citation Name: 2024 PLC 91 SUPREME-COURTBookmark this Case MUSLIM COMMERCIAL BANK LIMITED VS RIZWAN ALI KHAN S. 2(xxxiii)--- Bank employee---Whether a 'worker' and 'workman'---Duties such as issuing cheque books, checking ledgers and preparing statements of accounts are not merely manual or clerical tasks, and do not fall within the works of a workman as they involve the exercise of discretion and decision-making---Where bank employees are involved, duties and functions are documented as is (their) daily work, which should be brought before the court in evidence.

MUSLIM COMMERCIAL BANK LIMITED vs RIZWAN ALI KHAN S — 2024 PLC 91 SUPREME-COURT

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