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Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 38(3)-Dismissal for misconduct - Bank cashier alleged to have received excess amount from customer and not declaring such excess at closing and further tampering with record to facilitate misappropriation of such amount-Assessment of record and evidence made by Labour Appellate Tribunal indicative that independent and fair domestic enquiry conducted and charges established-Accused, in circumstances, held, rightly held guilty of misconduct and dismissal order, held, justified-Order of Labour Court dismissing grievance petition upheld by Appellate Tribunal. Nizamuddin Baloch for Appellant. Ghulam Mustafa Awan for Respondents. Date of hearing : 14th March, 1984. ORDER This is the appeal against the order, dated 6th November, 1982 passed by the learned Labour Court No. VII at Sukkur, dismissing the application of the appellant filed under section 25-A, I. R. O., 1969, for his re-instatement in service with back benefits. 2. The facts leading up to the appeal briefly stated are that the appellant was employed with the respondent's bank at Sarafa Bazar Branch, Jacobabad, as a Cashier. On 13th October, 1981 a customer, namely, Muhammad Sharif went to him to purchase a Demand Draft of Rs. 10,000. Through an oversight Muhammad Sharif handed over currency notes of Rs. 11,000 to him. The appellant made a notice of the various denominations of the currency notes on the Demand Draft Application Form which amounted to Rs. (1,000 and passed on Demand Drafts of Rs. 10,000 to Muhammad Sharif. He failed to declare excess amount of Rs. 1,000 at the closing of the cash on 13th October, 1981 as well as at the time of opening of it on the morning of the following day, viz., 14th October, 1981. The customer Muhammad Sharif con­tacted the Manager of the bank on the morning of 14th October, 1981, complaining to him about non payment of the excess amount of Rs. 1,000 to him by the appellant and the Manager on verifying the record got back the excess amount of Rs. 1,000 to Muhammad Sharif from the appellant. The appellant was then served with a show-cause notice for having committed an act of dishonesty in connection with…

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