Law:

Section:

Industrial dispute--- ----Dismissal from service---Reinstatement---Employee who was working as "guard" in Bank, was dismissed from service because of some robbery in Bank---Employee who performed his duty as a guard for nine or ten days without any break, having been broken down proceeded to his home for treatment---Medical certificate produced by employee showed that on the night of incident he was under treatment of a doctor---Employee was not an accomplice or had facilitated robbery by remaining intentionally absent from duty---Employee who was forced to perform his duty continuously for so many days without any break was much more sinned against than sinning--- Employee was rightly reinstated by Labour Court in circumstances. Security Papers Limited v. Sindh Labour Appellate Tribunal and another PLD 1988 SC 180 ref. Gulzar Ahmed for Appellants. S.P. Lodhi, Representative for Respondent. Date of hearing: 23rd February, 1993. DECISION The circumstances in which this appeal has been preferred, at the instance of M/s. National Bank of Pakistan, in brief, are as under:-- 2. The respondent was working as a `Guard' with the Bank and in the month of May, 1987 which is relevant for our purposes, he was posted at a Branch of the respondent at Shahbaz Building, Hyderabad. He was on duty on the night between the 13th and 14th of August, 1987. On the morning of the 14th August, it was found that there was a burglary in the night. The attempt to break open the lock of the safe, by the use of gas cylinders did not succeed, but the robbers had escaped with some guns, ammunitions and a telephone apparatus lying within the bank premises. The matter was reported to the police and also there was a domestic enquiry, wherein Ayaz Ahmed and Dadan Khan, the Manager of the Branch, were examined. On the report of the Enquiry Officer the respondent was dismissed on 14-12-1987. He had preferred a Departmental appeal which also came to be rejected on 5-5-1988. Thereafter the respondent had given a grievance notice and filed the petition before the Labour Court. The petition was resisted on the ground that the provisions of Labour laws were not applicable in the case of Bank employees.…

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