Law:

Section:

Industrial dispute--- ----Dismissal from service---Employee working as Assistant in Bank committed fraud which was detected and employee was served with a charge-sheet and in reply to charge-sheet he confessed his guilt and on conclusion of enquiry he was dismissed from service---Criminal case was also registered against employee, but he was acquitted giving benefit of doubt---Employee who was acquitted in criminal case for want of sufficient evidence, could still be punished as a result of domestic enquiry in which employee had confessed his guilt---No fresh cause of action accrued to employee for re-instatement after decision of criminal case in which he was acquitted giving him benefit of doubt---Service of Bank being very delicate, Bank employee had to be above suspicion' and lack of confidence by Bank would be sufficient reason for excluding employee from its employment---Employee who was dismissed from service after discovery of fraud, could not for any reason be, re-instated in service. Gulzar Ahmad for Appellant. . Muhammad Latif Saghar for Respondent. Date of hearing: 25th January, 1995. DECISION This appeal arises from the order of Sindh Labour Court No. VII, Sukkur, allowing an application under section 25-A of the I.R.O., 1969, directing reinstatement of the respondent in the service of the Bank. 2 The respondent .was appointed in the year 1976 as a Messenger in the service of the Bank. By 1980 he was promoted as an Assistant. The respondent had access to the Account Books and Ledgers in that Branch. He mischievously altered the balance of PLS Account of one Mr. Hafeezullah from Rs.1,800 to Rs.11,800 by addition of figure (1) on the left side. Then, in collusion with Mr. Hafeezullah, he fraudulently withdrew an amount of Rs.10,000 in small amounts through collaboration of the account holder Mr. Hafeezullah. Likewise he changed other PLS Account also to maintain the figure of overall balance. The fraud was detected and the respondent was served with a charge-sheet. The respondent confessed his guilt before the Enquiry Officer in reply to the charge-sheet and also in his statement. On conclusion of the enquiry he was dismissed from service. 3. After…

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