Law:

Section:

(a) Industrial dispute-- ---Misconduct--Embezzlement--De posit of amount allegedly embezzled per se, held, was not sufficient to raise presumption that amount was actually embezzled by accused employee. (b) Industrial dispute-- --- Domestic enquiry--Confessional statement, held, cannot be used against employee unless proved to have been executed by him voluntarily--Confessional statement not admitted by employee in his statement recorded during enquiry not its execution by such employee proved by any other independent evidence--Such statement, held would not gain evidentiary value merely by putting exhibit mark on same. Muhammad Ilyas Khan for Appellant. Syed Fazal Hussain Shah for Respondent. Date of hearing: 1st March, 1986. JUDGMENT The decision dated 26-2-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad has been challenged, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service without back benefits. 2. The allegations against the respondent were that on 8-4-1975 the prices of ghee were enhanced from Rs.125.55 to Rs.150.78 per tin of 35 lbs each and from Rs.19.50 to Rs.23.30 per tin of 5 lbs. each and the distributor was allowed to retain the excess sale proceeds, but the respondent made bogus entries in the sale register/stock register regarding sale of ghee stocks in the manner, that (a) out of 2717 tins of ghee of 35 lbs each, 2455 tins of ghee were shown to have been sold for Rs.3,47,632.55 at different rates, whereas their actual price was at the rate of Rs.150.78 per tin amounting to Rs.3,70,164.90 and thus a loss of Rs.22,532.35 was caused to the appellant Bank; (b) that 262 tins of ghee of 35 lbs each had been shown by him sold as per stock and sale registers but the sale proceeds amounting to Rs.39,504.36 were not brought in the books of the Bank; (c) that 4032 tins of 5 lbs each were in hand with the Bank at the time of enhancement of the rate as per sale/stock register maintained by him and the sale price at the rate of Rs.23.50 came to Rs.93,945.60 but the Bank was credited with Rs.84,363.60 only and thus a loss of Rs.9,582.75 was caused to the appellant…

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