Law:

Section:

(a) Industrial dispute­-- Domestic enquiry - Circumstantial evidence - Sufficient to establish charge in given circumstances. (b) Industrial dispute­- Misconduct-Bank employee-Residing in a portion of upper storey of Bank premises - Found to have brought a woman for illicit purpose at late night hour to such portion-Held: Rightly charged for misconduct. [p. 99618 S. A. Mannan for Appellant. Saeed-ur-Rehman Farrukh for Respondent. Date of hearing : 10th July, 1982. JUDGMENT This appeal arises from the decision, dated 13th October, 1979 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the appellant for his re-instatement was dismissed. - 2. The appellant was posted as Cashier in Daska Branch of the respondent-Bank. He was residing in a portion on the upper storey of the Bank premises. He brought at about mid-night a man and a woman with him and wanted to take them to the place of his residence on the upper storey, but was stopped by the gunman on duty. During the altercation some persons' were attracted outside the Bank. However, the appellant forcibly took the couple to the place of his residence on the upper storey. The gunman reported the matter to the Manager of the Bank, who came to the spot. The Manager contacted the appellant who told him that the couple was his guest. The Manager asked the appellant to turn out the said persons on the ground that they were of doubtful character. The couple, accordingly, was turned out of the Bank by the appellant. A preliminary enquiry was held by the Manager thereafter, as a result of which the appellant was charge-sheeted. An enquiry was held against him, which culminated in his dismissal. The charge-sheet, besides the charge mentioned above, contains the other charges also which pertain to the conduct of the appellant while he was posted at Sialkot But he was found guilty in respect of only one charge which is 6-A. which pertains to the incident in dispute. 3. The learned counsel for the appellant has argued that on account of admitted enmity, the appellant was found guilty and dismissed. He says that the woman was the sister of the appellant and the male was…

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