Case Details

Citation(s)
1982 SLG 1494 1982 SLD 1494 1982 PLC 404
Labour Appellate Tribunal, Sindh
Application No. 48 of 1981, decided on 5th January, 1982.
MUKHTAR AHMED, JUNEJO, PRESIDING OFFICER,

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FAROOQ AHMED MEMON

VS

NATIONAL BANK OF PAKISTAN AND ANOTHER

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------- -- S. 2 (i) & S. O. 12 (3) and Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Dismissal from service alleged to be wrongful- Discipline Rules framed by Wage Commission for Banks -- Cannot be construed as statutory rules - Jurisdiction of Labour Court - Not ousted in matter of workmen of National Bank-Cashier a workman - Grievance petition against dismissal, held, within jurisdiction of, Labour Court--Banks (Nationali­zation). Act (IX of 1974), S. 2. 1980 P L C 964 ref. 1980 P L C 1118 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------- -- S. O. 15-Dismissal for misconduct - Supplying,' copy of Enquiry report to accused or second show-cause notice after domestic enquiry - No requirement of principle of natural justice. P L D 1981 S C 225 rel. 1976 P L C 444 ; 1975 P L C 818 and 1973 S C M R 455 ref. (c) Industrial dispute ------ -- Domestic enquiry -Statement of accused and witnesses recorded in question and answer form-Procedure not warranted by any law --- Statement of accused not containing unqualified confession of allegation-Enquiry objected to as not fair and with full defence opportunity - Enquiry Officer not produced before Labour Court to rebut such plea-Dismissal order not indi­cating specific reason -Dismissal order, in circumstances, not warranted by facts or law hence set aside with back benefits- West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12 (3I and Industrial Relations Ordinance (XXIII of 1969), S. 25-A. 1980 P L C 24 rel. M. Bashir Awan for Applicant. Afzal Ahmed for Respondents. ORDER Applicant Farooq Ahmed has moved this grievance-application for re-instatement in service of respondent No. 1 and for back benefits with continuity of service. 2. Parties were agreed in their pleadings that the applicant was employee of the respondent No. I as Cashier in Var Branch till he was dismissed under order Copy A/7, dated 24th July, 1980. Prior to - that the applicant was issued notice Copy A/4 dated 13th Decem­ber, 1979 about…
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