Law:

Section:

(a) First Wage Commission Award, 1975-- ---Para. 258(4) & (5)--Habib Bank Staff Service Rules, 1981, Rr. 5 & 26(2)-­Delegation of powers--Term "competent authority" used in para. 258(4) & (5) of Wage Commission Award, 1975 includes authority who has been delegated powers legally under respective Rules--Rule 5 of Habib Bank Staff Service Rules, 1981 empowering "Executive Board" to delegate powers--Term "Executive Board" either defined in Rules nor finding mention in Articles of Association--Powers vesting in Directors or Board of Directors and in absence of any valid delegation powers of charge-sheeting and removal from service could at best be exercised by the person who had appointed the employee concerned. (b) Industrial dispute-- --- Removal from service--If a person having no powers of appointing any employee has appointed an employee, such person by asking such appointment acts automatically powers of removing the employee from service or for taking action for any dereliction of duty or misconduct. (c) First Wage Commission Award, 1975-- ---Para. 258(2)--Misconduct--Provisions of para. 258(2) exhaustive--Bank rules allowing marriage grant to employees if married while in service--Employee changing date by interpolating Nikahnama so as to indicate that his marriage took place after joining service--Act of employee, held, amounted to misconduct ;Olracting para. 258(2). (d) Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A--Grievance petition against dismissal for misconduct--Reinstatement-­Back benefits--Situation when employee may or may not be entitled to back benefits--Allegation not amounting 'to misconduct or alleged misconduct not brought home or workman condemned unheard--Workman, in circumstances, may be entitled to back benefits--Proceedings taken and order passed by authority not competent to do so is a technical defect--Dismissal order, if set aside due to technical defect, workman, may not be entitled to back benefits. JUDGMENT The two appeals captioned above emerge from the decision dated '-3-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 5, Sargodha, whereby Muhammad Aslam Khan (hereinafter called…

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