| Citation(s) |
|---|
| 1985 SLG 1605 1985 SLD 1605 1985 PLC 146 |
Labour Appellate Tribunal, Punjab
Appeal No. Rt-715 of 1980/Pb., decided on 30th July, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. Rt-715 of 1980/Pb., decided on 30th July, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUHAMMAD ASLAM
VS
MURREE BREWERY COMPANY
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Work man--Dismissal-Allegation of misappropriation against employee Fact admitted that Amount in question when drawn alleged recipient was out of Pakistan--Thumb-impression affixed on payment found fictitious and person receiving not examined either in enquiry or before lower Court-Mis-appropriation of amount by workman proved-Dismissal from service of such workman, held, rightly ordered. Ch. Sadiq Muhammad Warraich for Appellant. Mirza Anwar Baig for Respondent. Date of hearing: 20th June, 1982. JUDGMENT This appeal arises from the decision dated 1-9-1980 passed by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi whereby the grievance petition of the appellant was dismissed. 2. The appellant was charge-sheeted on 12-6-1979. The charge-sheet is EXh. R.1. The allegation against him was that he had drawn Rs.1,000 payable to an employee of the respondent, namely, Mohammad Aslam son of Mumtaz. He is alleged to have drawn Rs.125 as interest payable to the above-mentioned Mohammad Aslam, the amount totalling Rs.1,125, but did not pay the amount to the said employee. The fraud was discovered when ex-employee Mohammad Aslam who was entitled to the said amount made a complaint Exh. P.5 to the respondent. Exh. R.2 is the reply to the charge-sheet. The appellant produced statement in writing Exh.R.4 during the enquiry. Later on an application Exh.P.8 purported to have been written by the ex-employee Mohammad Aslam was received by the management to the effect that one Mian Khan who had been authorised by him had received the amount from the respondent and that since he did not know this fact, therefore, he had made the complaint Exh.P.5. He reported in the application that he had received the amount and that nothing was due to him from the respondent. The said Mohammad Aslam, ex-employee, was not examined by the appellant either in the enquiry or before the lower Court. The learned counsel for the respondent has argued that the signatures on Exh. P.8 do not tally with the signatures appearing on complaint Exh.P.5 and other documents but since no comparison was got made from any expert, no…
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