| Citation(s) |
|---|
| 1985 SLG 2005 1985 SLD 2005 1985 PLC 612 |
Labour Appellate Tribunal, Punjab
Appeal No. LHR-246 of 1983, decided on 3rd December, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. LHR-246 of 1983, decided on 3rd December, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MAZHAR HAKEEM
VS
MUSLIM COMMERCIAL BANK LTD.
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S. 1 (4) (c)-Industrial Relations Ordinance (XXIII of 1969) Ss. 38-it & 38-C-Nationalised Banks-Terms and conditions of service of employees governed by Wage Commission Award-Wage Commission Award made under S. 38-A of Industrial Relations Ordinance, 1969 and notified, hence statutory rules-Both conditions of S. 1 (4) (c) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for exclusion from ambit of Ordinance fulfilled hence Nationalized Banks not covered by Ordinance 1968-[1984 P L C 276 dissented from]. 1984 P L C 276 dissented from. (b) Wage Commission Award (First)---- --Para. 258 (4) & (5)-Misconduct-Violation of rules and acts of negligence-Amount to misconduct entailing punishment of dismissal-Bank employee making advances in contravention of rules-Charge proved-Competent authority not acceding to request for pardon--Labour Court, in circumstances, held, would not interfere in dismissal order passed by competent authority Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Asadullah Siddique for Appellant. Sarfraz Hussain Malik for Respondent, Date of hearing: 27th November, 1984. JUDGMENT The appeal captioned above arises from the decision, dated 17th April, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. The allegation against the appellant was that he had been making advances without any authority. It has been argued by the learned counsel for the appellant that as the appellant was proceeded against under Standing Orders Ordinance, 1968, the charge-sheet is time-barred. In this respect reliance has been placed upon Exh. P. 9, whereby the appellant was informed that the documents sought for could not be supplied as the enquiry was being held under Standing Orders Ordinance, 1968. So far as the question of supplying of documents is concerned, there is no difference in Standing Orders Ordinance, 1968 and the Wage Commission Award. It has not been shown…
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