Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- ---S.2(xxviii)--Work man--Petitioner Officer of Grade II in Bank--Not empowered to transfer any of staff member--Doing account work and maintaining account books etc. --Petitioner, held, not concerned with managerial or supervisory work and therefore, nature of work done brings petitioner under definition of a workman--Gradation, held further, was only to give monetary benefits to employees. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S.O.15(4)--Enquiry--Proper and independent--Petitioner's allegations of bias; strained relations and ill-will; protest against appointment of Enquiry Officer--Not controverted by respondent in cross-examination-­Enquiry proceedings reveal cross-examination of accused by Enquiry Officer--Petitioner neither examined on oath nor cross-examined--Held: Enquiry was not held in proper manner and by independent officer-­Order of dismissal being defective, set aside and petitioner re-instated in service--Respondent at liberty to hold fresh enquiry by some other independent officer. Ch. Rashid Ahmed for Applicant. Samiullah Khan; Representative for Respondents. ORDER This application under section 25-A of the I.R.O. has been filed by the petitioner for his re-instatement with back benefits. Briefly, the facts of the case are that the applicant was communicated charges on 19-1-1982 for misappropriation of Bank's Fund by the Manager of his Branch. He replied to it on 21-1-1982. On 23-1-1982 the applicant was charge-sheeted by the Manager. One Akhtar.. Hussain an Officer of Grade-I was appointed an Enquiry Officer to hold enquiry against the applicant. It is said, by the applicant, that the enquiry was held but it was not a fair one and not impartial. Finally, on the recommendation of the enquiry officer the applicant was dismissed from service on 10-5-1982. It is claimed by the petitioner that he preferred appeal on 12-5-1982 and subsequently on 12-6-1382 and finally on 10-11-1982 but no reply was received. In the meantime the applicant went to the M.L. Authorities who advised him to seek his remedy by the respective Court, if he…

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