| Citation(s) |
|---|
| 1989 SLG 2212 1989 SLD 2212 1989 PLC 469 |
Labour Appellate Tribunal, Punjab
Appeals Nos. SG-388 and 399 of 1988, decided on 15th November, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeals Nos. SG-388 and 399 of 1988, decided on 15th November, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUSLIM COMMERCIAL BANK LTD. and 2 others
VS
RIAZ AHMAD SHAHID
Law:
Section:
(a) Industrial Relations Ordinance (XXI11 of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct-Bank employee charged for misappropriation of amounts of customers--Enquiry record not supporting findings of Enquiry Officer whereby he came to conclusion that charges stood proved--Order of reinstatement by Labour Court, in circumstances, upheld in appeal. (b) Industrial dispute-- --- Dismissal for misconduct--Multiple charges--Enquiry report establishing only 2 charges out of 4 alleged in charge-sheet--Dismissal order passed on basis of all charges--Competent Authority not going through findings of enquiry--Possibility, held, could not be excluded that had competent Authority cared to go through enquiry report it would not have awarded extreme penalty of dismissal--Dismissal order, in circumstances, held, not sustainable. 1981 P L C 981 rel. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against dismissal for misconduct--Reinstatement-Back benefits--Multiple charges--Some of the charges proved and some not proved--Workman was reinstated, but was not entitled to back benefits. Syed Kamal Mufti for Appellants. H.R. Haider for Respondent. Date of hearing: 8th November, 1988. JUDGMENT The appeals recorded captioned above emerge from the decision dated 2-6_19 Y learned Presiding Officer, Punjab Labour Court No. 5 Sargodha whereby Mr. Riaz Ahmad Shahid (hereinafter called as the respondent) has been directed to be reinstated in service without back benefits. The respondent has in appeal claimed back benefits whereas; Muslim Commercial Bank Limited through' its President, I.I. Chundrigar Road, Karachi, the General Manager, Muslim Commercial Bank Limited, Circular Road Manager Faisalabad and the Reginoal Manager, Muslim Commercial Bank Limited, Sargodha( herein after described as the appellants) have challenged the order of reinstatement. Since from the same order both the appeals arise, both of them are being disposed of together this single judgment. 2 The allegations for which the respondent was dismissed from service are given in the charge-sheet, copy of which is Exh.P-4, According to the enquiry…
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