Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- --Ss. 25-A & 38 (3) - Grievance petition against dismissal for misconduct=Examination of Enquiry Officer in Labour Court­-Bank cashier charged for fraud-_ Enquiry conducted fairly and impartially-Enquiry proceedings" indicating that accused -treated liberally by Enquiry Officer and charge established on record­ Plea that Enquiry Officer being an officer of Bank was an interested person-Merely because Enquiry Officer was associated with the Bank, held, does not make him an interested person-Non-produc­tion or non-examination of Enquiry Officer before Labour Court, in circumstances, held, not a serious drawback to vitiate proceed­ings-Order of Labour Court dismissing grievance petition maintain­ed by Appellate Tribunal. Wasiullah Qureshi for Appellant. Mahmood A. Ghani for Respondents. Date of hearing: 21st January, 1985. DECISION The instant appeal is directed against the order of the Labour Court No. VI at Hyderabad, who on 30th December, 1982 dis­missed the grievance petition filed by the appellant under section 25-A, I.R.O., 1969. 2. The appellant, Inamul Haq was a cashier in the respondent-bank. He was charge-sheeted for fraud in collaboration with one Muhammad Umer and was dismissed from service, on 14th February, 1981. The fact which pertained to the act of fraud are that on 24th May; 1980, the appellant worked as a cashier in the said bank as its Branch Office situated on Station Road, Hyderabad. One Muhammad Umer came to him and wished to deposit Rs. 50,000 in his Account No. 2636. The cashier filed in the pay-in-slip but did not receive money. The pay-in­ slip was sent to the Accountant and the payment of s. 50,000 was duly registered. 1n the same breath the said Muhammad Umer issued two cheques, one for Rs. 40.000 and another for Rs. 10,000 and encashed the said amount. The cashier also paid Rs. 2,000 cash from the bank without getting any further cheque. The charge-sheet recites that the appellant willfully collaborated with Muhammad Umer for defrauding the bank for Rs. 52,000. The domestic enquiry was conducted by the enquiry officer, Muhammad Farooq, and after recording evidence he recommended…

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