Table of Contents
- Introduction
- Case Background
- Legal Issue
- Status of the Petitioner
- Legal Provisions
- Court’s Reasoning
- Relevant Case Laws
- Conclusion
- About Advocate Muhammad Amin
1. Introduction
The case focuses on whether Aman Ullah, a Manager at United Bank Limited (UBL), qualifies as a “workman” under the Industrial Relations Act, 2012 (IRA).
2. Case Background
- Aman Ullah served UBL for 25 years.
- The bank promoted him to Officer Grade-II (OG-II).
- UBL terminated his services due to alleged irregularities.
- Aman Ullah filed a Grievance Petition under the IRA, asserting he was a workman.
3. Legal Issue
The key question was whether Aman Ullah’s role as a Manager made him eligible to file a grievance petition under the IRA.
4. Status of the Petitioner
- Aman Ullah’s designation at UBL was Manager.
- He supervised staff and managed critical operations, including financial transactions.
- He admitted that his responsibilities involved managerial and supervisory duties.
- The courts decided that Aman Ullah did not qualify as a workman under the IRA.
5. Legal Provisions
- Section 2(xxxiii) of the IRA: Defines a workman as someone engaged in manual or clerical work, excluding managerial or administrative duties.
- Section 33 of the IRA: Allows only workmen to file grievance petitions before the National Industrial Relations Commission (NIRC).
6. Court’s Reasoning
- The Court analyzed Aman Ullah’s job responsibilities rather than his job title.
- His duties, including staff supervision and financial management, were managerial, not clerical.
- The power of attorney granted to him confirmed his managerial authority.
- The courts unanimously concluded that he was not a workman and dismissed his petition.
7. Relevant Case Laws
- Abdul Razzaq v. Messrs Ihsan Sons Limited (1992 PLC 424): The Court emphasized that the nature of work, not the title, determines workman status.
- National Bank of Pakistan v. Punjab Labour Court (1993 SCMR 672): Reinforced that job responsibilities define whether an employee is a workman.
- Habib Bank Limited (HBL) v. Gulzar Khan (2019 SCMR 946): Clarified that employees with managerial duties cannot be classified as workmen.
8. Conclusion
The Court ruled that Aman Ullah’s managerial responsibilities excluded him from the definition of a workman under the IRA. Consequently, the courts dismissed his grievance petition for lack of jurisdiction.
9. About Advocate Muhammad Amin
Advocate Muhammad Amin specializes in property and legal disputes. Based in Peshawar, he provides expert legal services with a commitment to excellence and client satisfaction. His in-depth knowledge of the law and years of experience ensure effective representation for his clients in various legal matters.