| Citation(s) |
|---|
| 2016 SLG 2807 2016 SLD 2807 2016 PLC 237 |
Balochistan High Court
C.P. No. 493 of 2012, Dated: 19th January, 2016. Date of hearing: 27th October, 2015.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE, MUHAMMAD EJAZ SWATI, JUSTICE
Muhammad Riaz Ahmed for Petitioners. W.N. Kohli for
Respondent No.1.
C.P. No. 493 of 2012, Dated: 19th January, 2016. Date of hearing: 27th October, 2015.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE, MUHAMMAD EJAZ SWATI, JUSTICE
Muhammad Riaz Ahmed for Petitioners. W.N. Kohli for
Respondent No.1.
HABIB BANK LIMITED THROUGH PRESIDENT AND 2 OTHERS
VS
AZIZ ULLAH LAGHARI AND 2 OTHERS
Law:
Section:
(a) Employer and employee--- ----Bank employee---Reinstatement after acquittal from criminal charge---Employee was reinstated in service on acquittal from criminal charge---Validity---Punishment awarded to the employee was in consequence of the inquiries conducted by the departmental authorities independent of criminal case---Acquittal in a criminal case would not give certificate to the employee to absolve him from the departmental proceedings---Both criminal and departmental proceedings could go side by side being different in nature---Courts below had erred to absolve the employee of the charge and proceedings held departmentally on the basis of a decision given in a criminal case---Impugned orders passed by the courts below were set aside and case was remanded to the Labour Court to decide the validity of inquiry and record findings with regard to punishment awarded to the employee---Labour Court was directed to complete proceedings with a decision on merit within a period of two months---Constitutional petition was disposed of in circumstances. 2008 SCMR 857; Habib Bank Ltd. v. The State 2013 SCMR 840; National Bank of Pakistan v. Anwar Shah 2015 SCMR 434; Aziz Ahmed Shah v. UBL 2011 PLC 136; Muhammad Musadaq Khan v. Muhammad Akram Khan 2003 SCMR 1; Yousaf Ali Shah v. Quetta Serena Hotel 1997 SCMR 1630; PLD 1997 SC 53; Mahmood Hussain Larik v. Muslim Commercial Bank, Ltd. 2009 SCMR 857; PLD 2011 SC 1462; PLD 2011 SC 1387; Tariq Aziz-ud-Din and others's case 2011 PLC (CS) 1130; PLD 2011 Kar. 848; Muhammad Islam v. Government of NWFP PLD 1998 SC 1993; Attaullah Sheikh v. WAPDA 2001 SCMR 269 and 2011 CLC 1340 ref. Iqbal Ahmed v. Muslim Commercial Bank, Ltd. 2009 SCMR 903 and Government of Pakistan v. Asif Ali 2007 PLC (C.S.) 271 rel. (b) Employer and employee--- ----Acquittal in a criminal case had no bar on departmental authorities to take action against the employee in accordance with law applicable to his service. THIS JUDGMENT DELIVERED BY: MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- This petition was filed with the facts that respondent No.1 Azizullah Laghari, an employ of Habib Bank Limited since 1990, while he was working as Assistant Manager in 2005,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492