Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(3)--Industrial Relations Ordinance, (XXIII of 1969), S. 25-A--Dismissal from service--Misappropriation of irregular payments--Departmental inquiry--Dismissed from service on the basis of guilty--Penalty of stoppage of increments--Grievance petition--Bank staff rules--Negligence--Held: Grievance petition filed by employee/respondent was initially dismissed by Labour Court--Labour Appellate Tribunal allowed the grievance petition and reinstated him in service--Assailed--Validity--Held: Under the Bank Staff Rules, a cashier before making payment, is required to obtain signatures of the person who presented the cheque and also verify the identity of such person whereas the respondent allowed encashment of certain cheques without proper verification of signatures of the person who presented the cheque and his identity in consequence to which the Bank suffered loss both in terms of money and reputation, he has neither been able to give a satisfactory answer nor could convince the Court that respondent was not negligent or in the light of concurrent findings of the Labour Court and the Tribunal on the charge of misconduct--Bank was successful in establishing the charge of willful negligence against respondent--Minor penalty of stoppage of two increments for a period of two years, would be sufficient to meet the ends of justice--Petition converted into appeal and accepted. [Pp. 1000 & 1001] A & B Judgment Muhammad Nawaz Abbasi, J.--This petition under Article 185 (3) of the Constitution has been filed against the judgment dated 14.3.2005 passed by a learned Judge in chamber of Peshawar High Court, Peshawar, in a labour appeal arising out of a petition filed by the respondent under Section 25-A of the Industrial Relations Ordinance (IRO). 2. The relevant facts in the background are that the respondent was employed in Muslim Commercial Bank and while posted as Cashier in Bisham Branch, District Shangla, he alongwith Attaullah, Manager of the Branch, was served with the charge-sheet containing the allegation of misappreciation of the irregular payments made on 31 cheques during the period from January 1997 to October…

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