Law:

Section:

(a) Industrial Relations Ordinance (XXIII op l969)-- ---S.25-A--Dismissal--Inquiry--Notice--Notice of inquiry against worker not sent to him and no effort made to serve him a fresh or by substituted service and enquiry proceedings were held without service on him--Finding of enquiry and consequential order of dismissal were set aside--Employer directed to hold fresh enquiry against employee. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Dismissal--Enquiry--Respondent bank employee and charges against him were of serious nature--Relief granted by Single Bench of Commission on technical ground holding that fresh inquiry was not warranted because of time gap of more than 4/5 years spent on litigation--Order of Single Bench set aside--Held, there was no bar in holding a fresh enquiry despite lapse of time and relief granted by Single Bench could not be weighed in favour of employee. Syed Mumtaz Hussain for Appellants. H. R. Haider for Respondent. ORDER M.S.H. QURAISHI (CHAIRMAN).--This appeal preferred by Messrs Habib Bank Limited, is directed against the Order of the Senior Member of this Commission dated 10-11-1986 setting aside the dismissal of Nazar Hussain Alvi, the respondent from service and allowing him certain consequential benefits in a petition filed under section 25-A of the Industrial Relations Ordinance, 1969. 2. The facts briefly stated, are that Nazar Hussain Alvi, who was an Assistant in the Appellant Bank was found to have withdrawn Rs.1,800 from Account No. SB-363 of a deceased person namely, Dilbar Hussain on 4-4-1981 through Cheque No. 985726 bearing forged signature of the said deceased account-holder. The forgery was suspected to be in the handwriting of the respondent. When asked, he admitted his guilt in writing twice, first on 8-7-1981 and again on 21-7-1981, and prayed for forgiveness. A show-cause notice was given to him on 6-8-1981 which was followed by an enquiry notice sent to him on 26-9-1981. He did not participate in the enquiry, which thus proceeded ex parte and ended in a finding of guilty against him, vide report of the Inquiry Officer dated 4-10-1981. A second show­-cause notice was given to him on 2-2-1982 to…

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