Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S. 1 (4). proviso & S. O. 15 (4) read with Efficiency and Discipline (Banks and Financial Institutions) Rules, 1975 [framed by First Wage Commission constituted under S. 38-A of - Industrial Relations Ordinance, 1969]-Nationalised Banks-Commercial establish­ments-Such Banks though run under authority of Federal Government-Not ousted from ambit of Ordinance, unless have statutory rules governing service of employees-Efficiency and Discipline (Banks and Financial Institutions) Rules; 1975 framed by Wage Commission-Not statutory rules-Workmen of such Banks, held, governed by provisions of Ordinance-Dismissal on account of misconduct without inquiry envisaged under S. O. 15` (4), held, not sustainable.-[Tufail Ahmad v. National Bank of .Pakistan 1983 P L C 206 dissented from]. Tufail Ahmad v. National Bank of Pakistan 1983 P L C 206 dissented from, Syed Ghazanfar Hussain Rizvf v. Habib Bank Limited 1980 P L C 1067 and Syed Irshad Hussain v. Habib Bank Limited 1979 P L C 543 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 37-Re-instatement-Back , benefits-Dismissal order passed without any inquiry into alleged misconduct-Re-instatement with back benefits awarded by Labour Court, in circumstances, upheld by Appellate Tribunal--Person removed from service not in accordance with law-Liable to be treated in service and generally entitled to all benefits. Textile Corporation of Pakistan Ltd. v. Sind Labour Appellate Tribunal and another N L R 1980 Labour 172 and Allied Bank of Pakistan Ltd. v. Punjab Labour Appellate Tribunal etc. 1980 P L C 42 rel. Munawar Ahmed Mirza for Appellant. Basharatullah for Respondent. Dates of hearing : 1st, 2nd November, 1982 ; 5th March ; 16th, 18th and 19th April, 1983. JUDGMENT This appeal is directed against the order of the Presiding Officer, 1st Labour Court, Baluchistan, Quetta dated 29th July, 1982 whereby he allowed the respondent's application filed under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the "I. R. O.") for re-instatement in service with back…

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