Law:

Section:

Industrial dispute- -- Dismissal for misconduct-Bank employee-Second show-cause notice essential-Supply of copy of enquiry report to accused necessary before obtaining his statement required to be placed before competent authority-Dismissal order passed without second show-­cause notice, held, rightly set aside by Labour Court-Reinstatement being on technical ground, employee, in circumstances, not entitled to back benefits-Wage Commission Award (First), Para. 258(5), Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). M. S. Bokhari for Appellants. Pervez Inayat Malik for Respondent. Date of hearing : 1st December, 1984. JUDGMENT The decision dated 29th February, 1984 passed by the learned Presiding Officer. Punjab Labour Court No. 1, Lahore has been .challenged, whereby the respondent was directed to be reinstated in service with back benefits. 2. The allegations against the respondent were that a parallel bank­ing system had been running in the branch by one Muhammad Ashraf and the respondent was an active participant in it and that a huge amount of Rs. 5,05, 575 was received by the respondent from Muhammad Ashraf and that Rs. 520 were recovered from him at the instance of the said Muhammad Ashraf. Mr. Zulkarnain Hyder, who had made checking deposed that the amount of Rs. 84,000r. was:-paid by the respondent to Asif Mahmood, a fictitious person. He also said that receiving cashier's book folios showed that at the end of the . day, the respondent had been signing the receiving-cashier's book folios. He also said that the amounts received from the account-holders were, not' accounted for in 'bank's books but fictitious…

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