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Appeal No. KAR‑631 of 1981, decided on 7th April, 1982.

Industrial Relations Ordinance (XXIII of 1969)‑---

--‑‑ Ss. 25‑A & 38‑Grievance petition of employee of National Bank of Pakistan against termination of service held by Labour Court as not enter tainable‑National Bank of Pakistan (Staff) Service Rules, 1980. held, not statutory rules having been framed in consequence of award of Second Wage Commission for Banks and Financial Institutions do riot exclude jurisdiction of Labour Court‑Grievance petition, held, maintainable and case fell to be determined under provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 to extent they were not repugnant to prevailing award of Wage Com mission‑National Bank of Pakistan (Staff) Service Rules, 1980.

Hassan Hameedi for Appellant.

Nizamuddin Baloch for Respondents.

Date of hearing : 7th April, 1982.

The services of the appellant, who was employed as Driver in the Bank Square Branch of the National Bank of Pakistan, Larkana, were terminated on 13th September, 1980, on the ground of unauthorized absence. He challenged the termination of his services through a grievance petition filed before learned VIIth Labour Court which has dismissed the same, vide its order, dated 4th November, 1981 on the ground that Labour Courts have no jurisdiction in respect of employees of banks. This issue has been examined at some length by this Tribunal in the case of Altaf Ahmad Shaikh v. Vational Bank of Pakistan, decided on 28th March, 1982. In that case, it has been held that the National Bank of Pakistan (Staff) Service Rules, 1980 have prospective and not retropective effect and that further as the said rules are not statutory rules, but have been framed in consequence of the award of the Second Wage Commission for Banks and Financial Institutions, they do not' take away or exclude the jurisdiction of the Labour Courts in respect of the employees of National Bank of Pakistan.

2. In view of the above decision, it was conceded both by Mr. Nizamuddin Baloch, the learned counsel for the respondent bank, and Mr. Hassan Hameedi, who appeared for the appellant, that the grievance petition of the appellant was maintainable and that this case fell to be determined under the provisions of the Standing Orders to the extent that they were not repugnant to the prevailing Award of the Wage Commission for Banks and Financial Institutions.

3. I would accordingly set aside the impugned brief Order of the learned Labour Court and would remand the case to it for disposal on merits.

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