| Citation(s) |
|---|
| 2015 SLG 922 2015 SLD 922 2015 PLC 246 |
Peshawar High Court
Labour Appeals Nos. 3 and 4 of 2013, decided on 30th March, 2015. Date of hearing: 30th March, 2015.
MALIK MANZOOR HUSSAIN, J
Amir Javaid for Appellant. Aziz ur Rehman for
Respondent.
Labour Appeals Nos. 3 and 4 of 2013, decided on 30th March, 2015. Date of hearing: 30th March, 2015.
MALIK MANZOOR HUSSAIN, J
Amir Javaid for Appellant. Aziz ur Rehman for
Respondent.
REGIONAL CHIEF EXECUTIVE, UBL Mar courtDAN and 3 others
VS
HABIB UL HASSAN
Law:
Section:
(a) Industrial Relations Ordinance (XCI of 2002)--- ----S. 46---Grievance notice---Limitation---Employee was appointed as watchman and later on, he was promoted as Cashier---Employee was charge-sheeted for misappropriation of cash amount received from customer during his service and after codal formalities he was terminated from service---Employee filed grievance petition before Labour Court that was accepted and punishment was modified by reduction to previous post---Appeal was preferred against on the grounds that employee had been terminated in accordance with law after he had admitted the allegations levelled---Bank (Employer) also averred that grievance notice was required to be submitted within thirty days and grievance petition was time barred---Employee contented that he was terminated without show-cause notice and regular enquiry---Validity---Employee was required to file grievance notice within prescribed time of thirty days but it had been filed beyond prescribed time of limitation and no application for condonation of delay was filed with it---When grievance notice to Bank (employer) was not served within specified time, employee could not approach competent court of jurisdiction for redressal of his grievance unless delay of each day was explained satisfactorily since valuable rights had accrued to employer---Court was supposed to determine question of limitation whether such plea was raised or not. Almas Ahmad Fiaz v. Secretary Government of the Punjab Housing and Physical Planning Development, Lahore and another 2007 PLC 94; Muhammad Naeem v. General Manager, Muslim Commercial Bank and another 2007 PLC 580 and Istafta Nosh and 5 others v. The Chairman Port Qasim Authority Bin Qasim and 7 others 2001 PLC 214 rel. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 12---Dismissal from service---Bank employee---Charge of misappropriation of Bank's money---Deposit of misappropriated amount by employee after he admitted to the charges levelled against him---Effect---Business of Bank was based on mutual trust between Bank and its customers---Any doubt or suspicion with regard to activities and business of Bankβ¦
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