Case Details

Citation(s)
1992 SLG 949 1992 SLD 949 1992 PLC 752
Labour Appellate Tribunal, Sindh
Appeal No. KAR-27 of 1990, decided on 23rd December, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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GHULAM MOHIUDDIN

VS

MUSLIM COMMERCIAL BANK LTD., KARACHI GHULAM MOHIUDDIN vs MUSLIM COMMERCIAL BANK LTD., KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)---Bank Staff Service Rules based on recommendation of Wage Commission Award---Dismissal from service--­Misconduct---Appellant working as Bank Officer, alleged to be responsible for late deposit of bank money received from Customers, giving an overdraft and for loss of one prize bond which he made good---Appellant was found guilty in domestic inquiry and was dismissed---Labour Court also dismissed grievance petition of appellant---Inquiry report was haled n record but appellant was not examined before Inquiry Officer ---Appellant was such deprived of his right under S.O. No..15(4) to avail chance of cross-examination---Complainant admitted before Enquiry Officer that his complaint against appellant was not in his own handwriting but it was written/dictated by some officer of Bank--­Inquiry proceedings initiated against appellant under Bank Staff Rules were also illegal---Held, there was no sufficient evidence before Inquiry Officer to have held that charges against appellant stood proved---Mere fact, that appellant had late deposited amount in question could not raise presumption that the amount was actually embezzled by him---Appellant worker was ordered to be reinstated in service without, back benefits. National Bank of Pakistan v. Sindh Labour Appellate Tribunal and others 1990 PLC 197 ref. Punjab Provincial Cooperative Bank Ltd. v. Attaur Rehman 1988 PLC 525 rel. M.L. Shahani for Appellant. Izhar Alam Farooqui for Respondent. Date of hearing: 29th November, 1990. DECISION This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No. 1 at Karachi, dated 16-12-1989, whereby the grievance petition of the appellant was dismissed. 2. I have heard Mr. M.L. Shahani, learned Advocate for the appellant and Mr. Izhar Alam Farooqui, learned counsel for the respondents and have also gone through the record and proceedings of the case. 3. Admittedly the appellant was working as Grade III Officer in the respondent-Bank when he was charge-sheeted, 12-2-1982 for certain acts of…
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