Case Details

Citation(s)
2012 SLG 1529 2012 SLD 1529 2012 SCMR 979
Supreme Court of Pakistan
C.A. No.1157 of 2008, decision dated: 11-04-2012 (On appeal from the judgment dated 29-5-2007, passed by the Lahore High Court, Lahore, in Labour Appeal No.87 of 2004)
SARMAD, JALAL OSMANY AND GULZAR AHMED, JJ

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MUHAMMAD MUSA

VS

HABIB BANK LIMITED and others

Law:

Section:

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------Sched, S.Os. 15(2)(iv) & 15(3)(b)---Misconduct----Submission of bogus examination result, mark-sheet and certificate to gain promotion---Effect---Employee (appellant) was serving as a guard at the Bank (respondent) and applied for promotion as cashier, for which purpose he submitted result sheet, certificate and mark-sheet of his intermediate examination, along with a letter of the Controller of Examination of the Education Board---Said documents were found to be bogus and show cause notices were issued to the employee---Regular inquiry was conducted in which employee was found to be guilty and his services were terminated---Grievance petition of employee was allowed by the Labour Court by ordering his reinstatement with back benefits---High Court set aside said order of Labour Court---Contentions of the employee were that submission of bogus intermediate certificate did not amount to misconduct under Standing Order 15(3) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and that employee had a long service with the bank because of which some leniency should be extended to him and his punishment be reduced---Validity---Acts and omissions of the employee squarely fell within Standing Order 15(3)(b) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, in that by producing bogus intermediate mark-sheet and certificate , the employee committed fraud and dishonesty, and further by obtaining benefit of promotion on the basis of such mark-sheet/certificate, the employee again committed fraud and dishonesty in respect of employer's business and property in that he procured for himself unlawful gain in the form of monetary benefits which amounted to defrauding the property of the employer---Act of employee rendered him liable to be punished in terms of Standing Order 15(2)(iv) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which was dismissal from service without payment of compensation in lieu of notice---No mitigating circumstances having been found on the basis of which any lenient punishment…
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