Case Details

Citation(s)
1982 SLG 1501 1982 SLD 1501 1982 PLC 377
Labour Appellate Tribunal, Sindh
Appeal No. Kar. 174 of 1981, heard on 18th October, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

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SHABBIR AHMAD

VS

HOTEL INTER-CONTINENTAL, KARACHI AND ANOTHER

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------- -- S. 25-A-Termination of service-Appellant a worker dismissed from service for misconduct in presenting a used cheque (bill) to a hotel quest and collecting proceeds thereof-Complainant quest naming appellant and although not sure as to his identity when examined months after incident yet no other person of such name employed at relevant time-Handwritten items on cheque tallied with handwriting of appellant-Complainant's statement of having taken dinner-Does not mean night meal-Dinner could be taken either at mid-day or at night-Discrepancy as to time of occurrence­-Without significance Jin circumstances-Misconduct of appellant having been fully established on record, appeal dismissed. M. L. Shahani for Appellant. Latif Sarwari for Respondents: Date of hearing : 18th October, 1981. ORDER The appellant, who was employed in the Hotel Intercontinental, Karachi, the 1st respondent herein, as an Assistant Steward, was served with a charge-sheet, dated 27th October, 1979, to the effect that he had presented a used cheque (bill) of Demi Tasse Restaurant to a hotel guest, Mr. Danishmand, at the Cafe Suroor and pocketed the proceeds of the cheque, amounting to Rs. 211.67. The appellant, in his reply, dated 30th October, 1979, to the aforesaid charge-sheet submitted that he did not recollect having served Mr. Danishmand and denied that he had collected or pocketed the sum of Rs. 211.67. As the Management was not satisfied with his reply, a domestic enquiry was held in which the Enquiry Officer, Manager Hamidullah Khan, examined 3 witnesses, namely; Muhammad Umer Khan (Assistant F & B Manager), Taufiq Ali Khan (Head Cashier), and Muhammad Saleem (Cashier). It was established from the evidence of the aforesaid witnesses that the cheque (bill) presented to Mr. Danishmand at the Cafe Suroor was a used cheque, it having been issued earlier in the .day in respect of Demi Tasse Restaurant, that over the printed entries in the cheque (bill), there were handwritten items the handwriting whereof tallied with that of the appellant, and that further the amount of this cheque (bill) was not credited to the Hotel funds or…
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