Case Details

Citation(s)
1989 SLG 1236 1989 SLD 1236 1989 PLC 300
Labour Appellate Tribunal, Punjab
Petition No. 101 of 1983, decided on 29th May, 1984.
FAYYAZ HAMEED QURESHI, PRESIDING OFFICER

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MUHAMMAD IQBAL

VS

NATIONAL BANK OF PAKISTAN

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Petitioners dismissed from service on charges of embezzlement-­Orders impugned--Contentions that petitioners were not given opportunity to produce witnesses, Inquiry Officer acted at the instance and under the pressure of management and no second show-cause notice was served upon petitioners, repelled, on the ground that Inquiry Officer had recorded statements of petitioners in jail and no such plea was taken nor any objection raised against the appointment of Inquiry Officer nor was there any requirement of law to issue a second show-cause notice--Petitioners' grievance notice was' also time-barred-­Defence evidence consisted of documents which petitioners avoided to produce or call for--Inference was necessarily to be drawn against petitioners. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--Workman--Jurisdiction of Labour Court--Petitioner had no power of hire and fire, he could neither appoint anybody nor he could dismiss any other employee--Petitioner performing duties of clerical nature was a workman and Wage Commission Award did not oust the jurisdiction of Labour Court--­Petitioners, held, failed to substantiate their contentions--Petitions dismissed in circumstances. 1983PLC468rel. JUDGMENT This judgment shall dispose of two petitions titled Muhammad Iqbal v. National Bank of Pakistan and Noor Ahmad v. National Bank of Pakistan as both relate to the same incident of embezzlement of rupees three lacs which ultimately resulted in dismissal of both the petitioners. The Enquiry Officer against both o1 them was the same and he made a joint report holding both the petitioners guilty of the charge levelled against them. 2. An amount of rupees three lacs was received by Jaffar Hussain, Cashier recharge from National Bank of Pakistan Sangla Hill Branch for deposit in the Civil Lines Branch Qila Sheikhupura. The petitioner (Muhammad Iqbal) is a Bank Guard armed with a rifle and he was deputed with the Head Cashier to the Civil Lines Branch Sheikhupura to deliver rupees three lacs in that branch. This amount was, however, not deposited in the Civil Lines Branch and after discovery of…
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