| Citation(s) |
|---|
| 1989 SLG 2336 1989 SLD 2336 1989 PLC 666 |
Labour Appellate Tribunal, Punjab
Appeal No. FD-465 of 1988/Pb., decided on 24th October, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. FD-465 of 1988/Pb., decided on 24th October, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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SAEED AKHTAR SHAH
VS
MUSLIM COMMERCIAL BANK LIMITED and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against dismissal of employee--Charge against employer related to preparation of round figure debit advices of substantial mount which enabled another employee of establishment to commit fraud-Employee's liability--Unless there had been concrete evidence that employee had prepared said advices on the asking of the culprits, it could not be said that he had colloborated with them. (b) Industrial dispute-- --- Misconduct--Connotation of--Where anything was intentionally done or omitted to be done it amounted to misconduct--Where, however, anything escaped the notice of a person, it did not mean that he had committed any misconduct. (c) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 38(3)--Grievance petition--Jurisdiction--Order of dismissal passed without jurisdiction--Effect--Such order being a nullity in law could not be sustained--Order of Labour Court dismissing grievance petition against such order being erroneous, was set aside in appeal--Employee was found entitled to be reinstated in service without back benefits. S.M. Arif for Appellant. Mushtaq Ahmed for Respondents. Date of hearing: 22nd October, 1988. JUDGMENT The appeal captioned above emerges from the decision dated 28-7-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby the grievance petition of the appellant for his reinstatement in service has been dismissed. 2. The allegations made against the appellant are mentioned in the charge sheet Exh. P.1. The charges are:- "(a) That you prepared round figure debit advices of substantial amount on account of transfer of Hajiabad's balance to Head Office unnecessarily apparently at the request of Mr. Ashraf, Manager of Hajiabad Branch, which enabled him to conceal the fraud. (b) That on 13-7-1980 you prepared two advices (one debit for Rs.11,00,000 and one credit for Rs.10,06,503.79) on account of transfer of Hajiabad branch's balance to Head Office unnecessarily whereas there was need of only one debit advice of Rs.93,496.21. This enabled the culprits to respond credit advice the same day (13-7-1980) and held…
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