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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal for misconduct--Employee of National Bank of Pakistan dismissed from service on allegation of obtaining house building loan on false and bogus bills instead of construction of house--Nothing was proved against such employee except that loan was obtained--Nothing on record that loan was not repaid or accused tried to run away from employment of Bank--Obtaining of loan refundable to employer, held, was not a misconduct warranting dismissal from service--Impugned dismissal order, in circumstances, was set aside by Appellate Tribunal awarding, re-instatement with 50$ back benefits. Salatruddin for Appellant. Hidayatullah Abbasi for Respondent. Date of hearing: 19th August, 1987. JUDGMENT This is an appeal filed by the appellant against an impugned order, dated 29-9-1985, passed by the Sind Labour Court No. VI Hyderabad, who had dismissed the grievance petition of the appellant under section 25-A , I. R. O.1969.s 2. Brief facts of the case are that the appellant was employed in the respondent bank as Jamadar Messenger at its Sanjhoro Branch and that he was sanctioned a House Building Loan and it was alleged against him that instead of construction of the house, he obtained the loan on false and bogus bills. He claimed that without issuing a charge-sheet, one Mr. Abdul Jabbar was appointed as Enquiry Officer prior to 17-1-1983, when, actually the charge-sheet was issued on 16-3-1983 very belatedly after lapse of a period of about two months. The appellant claimed that finally on 29-12-1983 his services were unlawfully dismissed. So he submitted his grievance petition. He further claimed that he was dismissed from service without either holding an enquiry or affording an opportunity to defend himself. 3. The respondent bank resisted the petition on the ground that the provisions of Standing Orders Ordinance 1968 were not applicable to the employment of the appellant as the respondent bank has its own Statutory Rules of 1973 and that the petition of the appellant was time-barred. Further, the case of the respondent bank was that as the appellant had himself accepted his guilt, therefore,…

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