Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 38 (3)-Grievance petition against dismissal for mis­conduct-Bank employee (Cashier) charged of connivance with Manager in acts of misappropriation and other irregularities--Charges framed on basis of inspection report of Inspection and Audit cell of the Bank-Grievance petition dismissed by ,Labour Court­--Appellate Tribunal on appraisal of evidence on record coming to conclusion that no charge stood established-Impugned dismissal order set aside awarding all back benefits-Tribunal further observ­ing (i) Bank Officers should be vigilant to check transactions minutely and not to send Inspection team after one year when any mischief if at all, is committed (ii) Management should be strict and super­vising powers should be so tight that not a single transaction should go undetected. Wasiullah Qureshi for Appellants. Bashir Awan for Respondents. Date of hearing : 15th April, 1985. DECISION This appeal arises from the facts of the impugned order, dated 31st March, 1984, passed by the Labour Court No. VI at Hyderabad. The Labour Court dismissed the grievance petition of the appellant filed under section 25-A. I.R-O.- 1969. 2. The facts are that he was a permanent employee of the respondent bank as a Cashier. He was posted at Dero Nare Branch of Muslim Commercial Bank Ltd., till 1st September, 1981. Thereafter he was transferred to Ghulam Nabi Shah Branch. The respondents served a charge­sheet as tat as on 23rd September, 1982, on the appellant when he stood transferred from Dero Naro Branch for more than one year. The said charges were based on the inspection report of the Inspection and Audit Cell, Mirpurkhas. The inspection of Dero Naro Branch was held on 14th September, 1982. The appellant submitted reply to the charge-sheet denying the charges in toto. The enquiry was held on 7th December, 1982 by Ramzan Ahmed Khan. Then, after five Months, the appellant was dismissed by an order on 14th May, 1983. The appellant preferred a departmental appeal but the appeal was not heard. Hence, the grievance notice was given to the respondents bank and the same was not answered. The grievance petition was filed…

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