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Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 25-A & 38(3)--First Wage Commission Award, para. 258 (4), (5) & 6(c)-­Misconduct--Nationalized Bank employee--Punishment without charge-sheet and enquiry and second show-cause notice--Invocation of provisions of sub­para.6(c)--Essential ingredients that employee should have been caught red handed in course of commission of wrongful act and that wrongful act should be manifest so as to exclude necessity of observing procedure of sub-paras. (4) and (5)--Allegation that employee while seeking employment had produced certificate describing himself as "C" class Matriculate whereas it was subsequently found that he was "D" class Matriculate; Certificate on record disowned by employee and further that he had not asserted to be "C" class Matriculate--Allegation requiring evidence to prove production of certificate and further such allegation not that of being caught red handed while committing alleged wrongful act--Provisions of cl. 6(c) of para. 258, held, were not applicable--Employee, in circumstances could not be said to have committed any misconduct because at the time he was alleged to have produced matriculation certificate he was not yet an employee and he could be said to have caused deception but it did not amount to misconduct because misconduct could be committed only by an employee and not by an outsider--Order of Labour Court setting aside order of removal from service and awarding reinstatement with back benefits maintained by appellate Tribunal. Shahid Hameed for Appellant. H.R. Haider for Respondent. Date of hearing: 2nd May, 1988. JUDGMENT The appeal captioned above challenges the decision dated 9-2-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 5, Sargodha, whereby the respondent has been directed to be reinstated in service with back benefits. 2. The facts of the case are that the respondent is a 3rd Division Matriculate and he was taken in service by the appellant considering that he had, obtained second Division. Afterwards when it was learnt that he was a 3rd Division Matriculate, verification was made and it was found that the matriculation certificate…

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