| Citation(s) |
|---|
| 2018 SLG 988 2018 SLD 988 2018 PLC 117 |
Sindh High Court
C.P. No. D-5362 of 2014, decision Dated: 21-8-2017, hearing Date : 10-08-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Khaleeq Ahmed for Petitioner. Ejaz Hussain Shirazi for
Respondent No. 1.
C.P. No. D-5362 of 2014, decision Dated: 21-8-2017, hearing Date : 10-08-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Khaleeq Ahmed for Petitioner. Ejaz Hussain Shirazi for
Respondent No. 1.
SONERI BANK LIMITED THROUGH PRESIDENT
VS
AURANGZEB AND ANOTHER
Law:
Section:
Industrial Relations Act ( IV of 2008)--- ----S. 41---Misconduct of Bank employee---Termination of the employee---Scope--- Non-initiation of inquiry proceedings--- Effect---Petitioner/Bank contended that Labour Appellate Tribunal had wrongly reinstated the employee without deciding the matter on merits---Respondent/employee contended that neither show cause notice along with statement of allegations was served to him nor inquiry proceedings were initiated against him---Validity---Record revealed that the deposition of the representative/authorized Officer of the Bank spelt out that employee was not convicted by criminal court on the allegation leveled against him and, admittedly, he did not produce any letter issued by the Bank regarding performance about the said employee from his previous employers---Representative of the Bank also admitted that there was no fault on the part of the employee regarding the Bank and that neither inquiry officer was appointed nor inquiry was conducted against the employee by the Bank regarding allegation mentioned in the impugned termination letter---Certain allegations were on record against the employee but his service was not supposed to be terminated without holding full-fledged inquiry and grant of opportunity of hearing to the employee to defend himself on the allegations against him---No illegality or infirmity having been noticed in the impugned orders constitutional petition was dismissed accordingly. Engineer Majeed Ahmed Memon v. Liaquat University of Medical and Health Sciences, Jamshoro and others 2014 SCMR 1263 ref. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through instant Petition, the Petitioner has Impugned Order dated 23.09.2014, passed by Learned Member, Sindh Labour Appellate Tribunal at Karachi in Appeal No. . KAR-103 of 2013, whereby Order dated 04.05.2013, passed by Sindh Labour Court at Karachi, was set aside with direction to Petitioner-Bank to reinstate Respondent No. 1 in service with all back benefits within thirty days from the date of announcement of the decision. 2. Brief facts of the case are that Respondent No. 1 was appointed in Petitioner-Bank as Officer Grade-I on…
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