Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---Ss.25-A & 38(3)--Removal from service--Reinstatement--Grievance petition of respondent worker neither barred by time nor by principles of res judicata--Respondent although designated as Cashier yet was a workman doing clerical and manual duties--Labour Court discussed every legal aspect of case and whole evidence on record before passing a well-reasoned order reinstating worker--Order of Labour Court, held, was unexceptionable--Worker ordered to be reinstated in service with fifty per cent back benefits. DECISION This is an appeal filed by Messrs United Bank Limited, Sukkur, against an impugned order, dated 5-11-1986, passed by Sind Labour Court No. VII, Sukkur, who had allowed the grievance petition of the respondent under section 25-A, I.R.O. 1969. 2. Briefly stated the facts of the case are that the respondent was a permanent workman of the appellant-Bank and his duties were primarily and mainly clerical in nature as he was, appointed as a cashier on 15-12-1975 and at the relevant time he was posted at Kandhkot Branch of the appellant-Bank. On 16-8-1978, the respondent was served with a charge-sheet alleging misconduct and as his reply to the charge-sheet was not found satisfactory, therefore, the appellant-Bank had appointed two enquiry officers. None of the enquiry officers could find the respondent guilty of the alleged misconduct in an impugn and illegally held domestic enquiry yet, he was removed from the employment on 29-8-1979. The respondent claimed that during this long period of about one year from 16-8-1978 till 29-8-1979, he was very unlawfully put under suspension. Thereafter the respondent had served grievance notice, dated 18-9-1979 through his Advocate and thereafter filed grievance petition bearing No.368 of 1979 under section 25-A. I.R.O. , 1969, which was alleged by the Labour Court and the appellant-Bank had impugned this order of the Labour Court before this Tribunal and this Tribunal had allowed the appeal of the appellant-Bank holding that the service of the grievance notice under the signature of a Counsel was not valid. Thereafter, the respondent submitted a constitutional…

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