Member National Industrial Relations Commission (NIRC), Lahore Shaukat Nawaz Goraya has suspended the circular of Habib Bank Limited (HBL) exempting officer G-I and G-II from promotion test, who are graduates from LUMS, IBA Karachi and abroad.
The member while issuing notices to the respondents in the main petition observed that prima-facie petitioners have made out an arguable case and added that the expenditures of the TCS will be borne by the petitioners.
The petitioners President All Pakistan Habib Bank Officers Associations Muhammad Farooq Raja and other office bearers contended that they perform manual duties and they don't possess any supervisory powers, hence, they fall within the definition of workmen as defined under the labour laws.
They are members of HBL Progressive Officers Association which fall within the definition of trade union under section 07 of the IRA 2008. The petitioners contended that the impugned circular is an attempt of changing the terms of employment and condition of work of the officers G-I and G-II employed in respondent establishment. The respondents have changed the criteria for promotion of officers G-I and G-II to their disadvantage.
Only those officers are eligible for promotion who have been awarded TP& EMP in the year 2007 and 2008 and ESP and above in 2006. All officers shall have to pass written test for their promotion but the officers who are graduate from LUMS, IBA Karachi and abroad have been exempted from test.
It is contended that issuance of impugned circular is malafide, illegal and amounts to commission of unfair labour practice. It is stated that if impugned circular is allowed to be implemented it would deprive the majority of employees from their right of promotion.
It is further pleaded that the implementation of impugned circular will create unrest among the officers who are working in HBL for many years and play pivotal role in formation and development of the bank. They therefore prayed that the impugned circular be set aside. They further prayed to issue temporary injunction till the disposal of their main case.