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MUHAMMAD ASLAM CHEEMA versus NATIONAL BANK OF PAKISTAN


Section 25A Constitution of Pakistan (1973), Article 199 Labor Court jurisdiction to remove employees, a bank employee was charged with irregularities while an officer was appointed as a Grade 111 employee by domestic inquiry wits. Although he was found not guilty, he was removed from his post. Was reinstated by the Labor Court but the Labor Appellate Tribunal rejected the restraining order on the basis that the applicant served as a manager at the relevant time, so he filed a complaint under Section 25A Petitioner. Luke was not a stand-alone employee who was actually Officer Grade III. The officer was made to perform the duties of manager at the respective branch in addition to the original duties of Grade III but there was no evidence submitted by the bank that the applicant was regularly appointed as manager. And he continued to perform the duties, despite the additional charge of the manager. The officer, headed by Grade III, did not read the evidence correctly by the Labor Appellate Tribunal and his decision was based on misinterpretation and non-reading of evidence as far as the applicant was concerned as an employee or any other matter. The order of the THA Labor Appellate Tribunal was set aside and the Labor Court applicant's order to retake the job was reinstated.

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