SALAHUDDIN ANJUM vs NATIONAL INDUSTRIAL RELATIONS COMMISSION, (FULL BENCH) GOVERNOR HOUSE, GATE NO

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SALAHUDDIN ANJUM VS NATIONAL INDUSTRIAL RELATIONS COMMISSION, (FULL BENCH) GOVERNOR HOUSE, GATE NO.4, KARACHI S.2(xxx)---Grievance petition---Jurisdiction---Person employed by the Bank---Whether workman or officer?---Burden being on such person / officer who invokes jurisdiction of Labour Court---Record revealed that, admittedly, when the adverse action was taken by the respondent / Bank, the petitioner was working as an officer of Grade-III and his salary and terms and conditions were governed by the Pay Commission Award meant for Officers and Executives as at the relevant time the respondent / Bank was a Nationalized Bank, which fact even had been admitted by the petitioner in his cross-examination--Thus, the petitioner could not have claimed to be a workman at the same time as his wages were not as per the Wage Commission Award for workman---On perusal of the grievance petition, it did not reflect that the petitioner ever made any effort to establish with any supporting material that he was a workman and not an officer of the Bank---The initial burden in said regard was fully on the petitioner which he had failed to discharge---Petitioner, on query while appearing in-person, had stated that he was assigned the job of clearing/dealing with the pay orders received in the Bank and that he was also using a password provided by the Computer System of the Bank for performing his job---Said assignment , by itself, was not a job of workman and that too working in a Bank---Even if an employee does not have any powers to hire or fire, any person, this by itself would not mean that he is a workman---The nature of job as performed by the person must be evident from the record produced by him and then it has to be determined from perusal of such record as to whether he has to be categorized as a workman doing manual and clerical work or was discharging his functions in a managerial and supervisory role---Thus, Full Bench of National Industrial Relations Commission was fully justified in setting aside the order of the Labour Court and in returning the petition to the petitioner for presenting it before a forum of appropriate jurisdiction---No case for interference by the High Court was made out---Constitutional petition was dismissed, in circumstances.

SALAHUDDIN ANJUM vs NATIONAL INDUSTRIAL RELATIONS COMMISSION, (FULL BENCH) GOVERNOR HOUSE, GATE NO — 2025 PLC 210 KARACHI-HIGH-COURT-SINDH

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