| 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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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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