Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 25-A & 38-D-Wage Commission's decisions duly publish­ed = Deemed to be "award" of Commission - Provisions of Industrial Relations Ordinance, 1969 applicable to such award­ Petition on basis of violation of such award maintainable under S.25-A. (b) Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 2 (xxviii) & 25-A---Words "is employed" in S. 2 (xxviii)-Do not mean only a serving person-Dismissed person does not cease to be a workman-Petition against dismissal maintainable. (c) Industrial Relations Ordinance (XXIII of 1969)---- -- S. 25-A-Grievance petition----Maintainability-National Bank employee--Rules providing remedy of departmental appeal­ Availing of such remedy not essential before filing grievance petition. Javed Altaf fur Appellants. Respondents in person. Date of hearing: 9th December, 1984. JUDGMENT The two appeals captioned above arise from the decisions, dated 8th October. 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan directing the re-instatement of the respondents in service with back benefits. As common questions of law and facts are involved in both the appeals, they are being disposed of together through this single judgment in which Mian Muhammad Afzal will be described as respondent No.1 and Shamsher Ahmad as respondent No. 2. 2. Respondent No. 2 was Head Cashier while respondent No. 1 was a Cashier. They are alleged to have misappropriated bank's money by collusion with each other and shared the booty between themselves. The details are given in the charge-sheets served upon both the respondents separately. The learned lower Court has found that the enquiry was not properly held, inasmuch as neither opportunity of cross-examination over the prosecution witnesses was afforded to the respondents, nor they were allowed to lead defence evidence. Abdullah, account-holder, from whose account Rs. 9,500 are alleged to have been withdrawn and misappropriated was requested by the respondents to be examined but the Inquiry Officer did not do so. The affidavit of the said account-holder was produced by the respondents before the Inquiry…

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