Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S. 2(i)--Industrial Relations Ordinance (XXIII of 1969), Ss.2(XXVIII) & 25-A--Workman, connotation of--Employee working in a bank and entrusted with work of preparing vouchers, making of fortnightly and monthly statements, posting of margins, balancing of L.P.C. margins, preparation of monthly State Bank of Pakistan returns, submission of bills of entry, calculation of interest vouchers--Such employee, held, was workman within meaning of Ordinance VI of 1968 and Industrial Relations Ordinance. (b) Industrial Relations Ordinance (XXIII of 1969)-­ --Ss. 25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.12 & 15--Termination of services--Employee charged with irregularities of serious nature including fabrication of figures in respect of past import performance of guarantors and over-estimated credit worthiness of importers and guarantors which amounted to breach of trust and were likely to cause financial loss to bank--Explanation furnished by employees and documents placed on record showing that no liability could be fixed on such employees and that Enquiry Officer had not applied his mind to facts of case in relation to charges preferred against him--Charges against employee were not proved--Employee neither fabricated figures nor added or suppressed any fact--Finding of Labour Court that employee was intentionally negligent was against evidence or record and amounted to a complete misreading of evidence--Findings of Labour Court set aside and appellant re-instated in service without back benefits. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-­--- ---S. 2--Misconduct--Mere negligence in duty, held, was not misconduct. Ali Amjad for Appellant. Iqbal Habib for Respondents. Date of hearing: 9th March, 1986. DECISION This appeal arises against the order of Sind Labour Court No.III, Karachi, who has dismissed the grievance petition on20-5-1985. 2. The facts may be narrated as that the appellant, Khawaja Sethi Muhammad Moinuddin was appointed as a…

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