| Citation(s) |
|---|
| 1988 SLG 878 1988 SLD 878 1988 PLC 119 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-10 of 1987, decided on 19th August, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. HYD-10 of 1987, decided on 19th August, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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ABDUL JABBAR QURESHI
VS
NATIONAL BANK OF PAKISTAN and 2 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15- Dismissal from service--Appellant, employee of National Bank of Pakistan, charge-sheeted and after domestic enquiry under Staff Rules, 1973 dismissed from service--Provisions of Standing Orders Ordinance, 1968, although applicable to the appellant's employment, yet domestic enquiry against him not held in accordance with settled principles of law--Evidence on record not proving that appellant had committed any misconduct--Charge-sheet served upon appellant also found to be belated--Dismissal of appellant, held, could not be sustained-Appeal allowed, impugned order of Labour Court set aside and appellant directed to be re-instated in service with full back benefits. Bashir Awan for Appellant. Hidayatullah for Respondents. Date of hearing: 19th August, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 10-12-1986, passed by the Sind Labour Court No. VI, Hyderabad, who had dismissed the grievance petition of the appellant under section 25-A, I.R.0.1969. 2. Brief facts of the case are that the appellant claimed to be a Senior Head Cashier and was posted at Yar Branch, Thatta and that he was performing manual and clerical duties. The case of the appellant was that on 15-12-1979 he was issued a charge-sheet to which he replied on 20-12-1979 and thereafter he was finally dismissed from service on 24-7-1980. He claimed to have filed a departmental appeal on 20-9-1980, but, during the pendency of it he preferred a Constitutional Petition on 25-4-1982 which was subsequently decided on 26-5-1982 by a consent order that the appellant would file another departmental appeal, but, the respondent bank would not raise point of limitation. The appellant claimed that in view of this consent order, he submitted another departmental appeal on 29-5-1982 which was, however, rejected by the respondent bank on 19-9-1982. Being aggrieved with this action of the respondent bank, the appellant submitted the present grievance petition in which he claimed that not only the alleged…
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