Case Details

Citation(s)
1989 SLG 2310 1989 SLD 2310 1989 PLC 626
Labour Appellate Tribunal, Punjab
Petition No. 50 of 1986, decided on 3rd October, 1988.
SALEEM AFTAB SHEIKH, PRESIDING OFFICER

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MUHAMMAD IFTIKHAR HUSSAIN

VS

NATIONAL INDUSTRIAL COOPERATIVE FINANCE CORPORATION Ltd.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) -­---S.25-A--Dismissal from service--Inquiry was held but neither inquiry officer was produced in evidence nor copy of inquiry report supplied to employee at any stage--Employer had not rebutted case of employee and produced no evidence-­Employee reinstated in circumstances. [p. 628] A & B (b) Industrial Relations Ordinance (XXIII of 1969)-­---S.25-A--Reinstatement--Back benefits--Employee remaining jobless during period he was out of job--Employer producing no evidence to rebut such position--Employee allowed all back benefits. M.G.Saadullah Mumtaz for Petitioner. Sardar Asmat Ullah for Respondent. JUDGMENT This is a petition under section 25-A, I.R.O., 1969 in which it has been prayed that the petitioner Muhammad Iftikhar Hussain be reinstated with all back benefits. The facts as stated in the petition are that the petitioner was appointed as an Assistant Cashier with the respondent on 29-5-1979 and then re­designated as a Clerk on 16-2-1982. He was then promoted as an Assistant on 16-4-1982 and thereafter became a Junior Officer on 18-6-1984. It has further been stated that the petitioner was performing duties mainly of clerical nature and has no administrative powers. In para. 3 of the petition it is stated that the petitioner was placed under suspension for an indefinite period vide circular No-134 dated 23-9-1984. Exh.PI on record. Later on Exh.P2 he was charge­sheeted on 21-12-1984. The allegation against him was that he alongwith the Branch Manager had withdrawn a sum of Rs.53,000 by forging signatures of an Account Holder. It was also alleged that on various dates the petitioner alongwith others had forged various other signatures and had withdrawn large amounts of money. The petitioner submitted his reply but the respondent ordered an inquiry as a result of which the petitioner was dismissed from service. It. has been prayed that the petition for reinstatement be accepted for the reason that there was no incriminating evidence against the petitioner and that he had been charge-sheeted without sufficient material. 2. The respondent put in a written statement. A preliminary objection was taken that…
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