Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1, First proviso-Application of Ordinance--Exclusion from­ National Bank of Pakistan nationalized and has its own statutory rules of service, conduct or discipline applicable to workmen employed therein-Held, National Bank of Pakistan stands exclud­ed from application of Ordinance. 1971 P L C ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- -- S. 25-A read with Wage Commission Award, 1975, para. 258(4) & (5)--Labour Court-Jurisdiction of-Allegation against employee, he committed fraud by giving wrong age in -his applica­tion-Wage Commission Award, 1975 not mentioning inapplicable to Banks having statutory rules-In cases of misconduct, its para­graphs 258(4) and (5) guarantee right to show-cause notice and enquiry-Held, to follow procedure given in these paragraphs necessary ; S. 25-A applies and Labour Court has jurisdiction in matter. Irshad Ali Mian for Appellant: Nazir Ahmad Naz for Respondent. JUDGMENT The appellants have preferred this appeal against the decision dated 5th December, 1977 of the learned Punjab Labour Court No. 7 Gujranwala, whereby the respondent was ordered to be reinstated in service with full back benefits. 2. The respondent was appointed as a Godown Keeper on 9th November, 1974 for the Godown, in which the appellants had stored paddy. However, the respondent was made to work as a Clerk and the pay was given to him of the said post out of the Bank's accounts. His post of the clerk on which he was made to work was permanent. His services were terminated as no longer required on 5th August, 1975. It was alleged against the respondent that he had committed a fraud with management by giving age in the application for service. 3. The learned counsel for the appellants has argued that the pay was given to the respondent from the Bank's accounts, because no tran­saction of paddy took place. The pay of Godown Keeper was to be charged from the parties to the transaction of paddy. He further says that the Manager without any authority seated the respondent on the post of Clerk. He also says that since for the paddy season the…

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