Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. O. 15 (3) (g)-Provisional Constitution Order (1 of 1981), Art. 9-Employee of Bank holding position of trust-Both Labour Courts found employee guilty - Two charges proved against employee of serious nature showing embezzelement on part of employee-Such charges amount to misconduct within meaning of S. O. 15 (3) (g) for which a punishment of dismissal can be imposed on employee-Awarding major punishment gravity of any ' charge proved, whether same be only one, is sufficient-Description of employee cannot be reviewed by outside authority-Inter­ference from outside authority is called for only when law is violated or legal limits are exceeded-Employee awarded major punishment on a number of charges held proved against him in enquiry and some of said charges were held not established by ,: Labour Court-Charges that stood established, though relating to offences for which major penalty could be imposed, but leading to irresistible inference that employer would not impose such penalty, or relate to offences for which only minor penalties could be imposed-Held, only proper course for Labour Court would be to remand case to employer for imposing fresh penalty in light of charges that stood proved-Labour Court cannot impose its own punishment or will in such cases-Order of Labour Appellate Tribunal re-instating employee was held to be illegal, without lawful authority and set aside-Since employee bad been re-instated and was working with Bank for last sixteen months and during that period employee might have re-established his credit in estimation of bank and bank may take different or lenient view, High Court as a very special case, remanded case to Bank for considering matter of punishment afresh on basis of two proved charges-Bank still desiring to award punishment should call upon employee to show cause and after considering his reply and hearing him can impose penalty if bank consideration fit and proper in circumstances-Such punishment, if awarded, shall be binding on employee. Chan Pir Shah's case 1981 P L C 984 distinguished. Sher Muhammad's case P L D 1962 Lah.…

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