Law: Constitution of Pakistan, 1973

Section: 185(3)

Industrial dispute--Constitution of Pakistan (1973), Art.185(3)--Bank employee--Dismissal from service on charges of misappropriation and for violation of Bank Rules--Lalxaur Appellate Tribunal holding that such employee was only guilty. of violation of Bank Rules, re-instated him without back benefits--Such finding was upheld by High Court in second round of litigation--Order impugned--Labour Appellate Tribunal's order in re-instating employee being a fair and just order, High Court was right in not interfering with that in Constitutional jurisdiction--High Court's order was upheld and petition for leave to appeal, being devoid of merit was dismissed. Mian Saeed-ur-Rehman Farrukh, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Malik Muhammad Asghar, Advocate Supreme Court and M.Aslam Ch. Advocate-on-Record (absent) for Respondent No.3. Date of hearing: 29th January, 1989. ORDER NASIM HASAN SHAH, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 4-10-1988 passed in Writ Petition No.708 of 1984. . The relevant facts are that Muhammad Javid Akhtar (respondent No.3 herein) was serving as Head Cashier in the Hall Road Branch of the Petitioner ­Bank at Lahore. He was served with a charge sheet on 7-2-1979 alleging disregard of Bank's Rules and misappropriation of money in relation to certain demand drafts and savings bank account deposits. In his reply to the charge-sheet he admitted the disregard of the Bank Rules but pleaded that this was done in the interest of the Bank. He, however, denied the charge of misappropriation of money. The holding of an inquiry was ordered into the matter but the Inquiry officer instead of recording the prosecution evidence against the respondent and requiring him to enter upon his defence thereafter issued a questionnaire calling upon him to answer the questions contained therein. On the basis of the answers to the questions asked therein the Inquiry Officer found the respondent guilty of misappropriation as also of violation of the Bank Rules. In the result, the respondent was dismissed from service on 29-11-1980. The respondent moved the…

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