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1976 P L C 815 [Labour Court Punjab] Present: Muhammad Mian Qureshi, Presiding Officer MUHAMMAD AJMAL versus MUSLIM COMMERCIAL BANK LTD. Petition No. 6 of 1976, decided on 18th February 1976. Industrial dispute---- ---Domestic enquiry---Dismissal for misconduct - Bank cashier accused of misappropriation-No regular charge-sheet under signatures of competent authority served-No Enquiry Officer appointed under regular order of competent authority -Solitary evidence of com­plainant (Ban Branch Manager), whose conduct on money involved challenged by accused, appearing on record-Such witness not put to cross-examination by accused Enquiry Officer not indicating, reasons for non-cross-examination of complainant by accused­ Action taken on basis of such enquiry, held, caused serious prejudice to accused's defence-Dismissal order, in circumstances, set aside and re-instatement with back benefits awarded-Management, held, could initiate fresh enquiry properly-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. A. D. Baluch for Petitioner. Azim Ashrif Sheikh for Respondent, DECISION Muhammad Ajmal ex-Cashier/Typist, Muslim Commercial Bank Limited, Chowk Bahadarpur, Rahimyar Khan, filed a petition under section 25-A of I. R. O., 1969, against the management of Muslim Commercial Bank Limited, Rahimyar Khan, through Muhammad Hashim Khan Regional-Chief, and Muhammad Riaz, Branch Manager, respondents, for or direction of re-instatement by setting aside the order of his dismissal dated 18-13-75 passed by the Regional Chief of the aforesaid bank (Photostat Exh. P.1). It is stated in the petition that the petitioner worked in the bank for three years diligently and honestly without giving any chance of complaint and that he was dismissed from service by the Regional Chief of the bank without any lawful basis. The circumstances leading to his dismissal a stated in the petition are these. On 13-9-75, the petitioner went to deposit ii the main branch of Muslim Commercial Bank, Rahimyar Khan, the cast amounting to Rs. 56,500 in his custody, in the company of Bank guard As soon as he reached the main branch, be found that the cash with him was short of Rs. 5,000. Since there was…

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