Law:

Section:

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.O. 15---Punjab Industrial Relations Act (XIX of 2010), Ss.33 & 47---Dismissal from service---Grievance petition---Employee working in a Bank was dismissed from service after charge-sheeting and holding enquiry against him on allegation of embezzlement, parallel banking and other grave irregularities---Grievance petition filed by the employee against order of his dismissal from service was accepted by the Labour Court and he was reinstated with back benefits---Validity---Enquiry proceedings were initiated, conducted and concluded, fairly and after affording full chance of hearing to the parties---Enquiry Officer had placed both the versions in juxta position coupled with documentary evidence---Enquiry Officer had harbourd no grudge, bias or ill-will against the employee---Every page of the proceedings had duly been signed by the Enquiry Officer, employee and the prosecutor---Employee, in such state of affairs could not say that he was not provided adequate opportunity of putting up his defence---Charges against the employee had fully been proved---Labour Court appeared to have remained only in the confines of technicalities and had not taken the trouble of realizing/visualizing the ample evidence before the enquiry officer; as well as in the court that employee was in the habit of misappropriating the amounts of the clients of the bank by applying fraudulent methods---No substance was available in the allegation that the officer who passed the dismissal order was not competent in accordance with the rules of the bank---Prosecution had proved the case against the employee taking into consideration all the aspects of the matter---Bank though had suffered in reputation on account of technical jugglery of the employee, but no financial loss had occurred to the bank---Employee, in circumstances, was awarded penalty of compulsory retirement, instead of extreme penalty of dismissal from service, which would meet the ends of justice---Order of the Labour Court was modified accordingly. 2004 SCMR 149 rel. Frooq Zaman Qureshi for Appellants. Mian Rab Nawaz Khan Wattoo for Respondent.…

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