Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38---Appeal---Competency---Grievance petition filed earlier by employee against his dismissal from service was dismissed by Labour Court, but Labour Appellate Tribunal accepted appeal of employee and ordered his re­instatement with full back benefits---High Court, in its Constitutional jurisdiction, set aside order of Labour Appellate Tribunal and remanded the case to Labour Court to determine whether respondent was a workman---Labour Court held that the respondent was a workman but the said worker was relieved by employer in the meantime---Employee again filed grievance petition against relieve order by employer Bank but same was dismissed by Labour Court being not maintainable and employee filed appeal before Labour Appellate Tribunal against of Labour Court---Held, since order of re-instatement passed by Tribunal was set aside by High Court and grievance petition filed by employee in second round, having been found by Labour Court not maintainable, case of employee could not be re-opened by filing appeal before Tribunal on the point of maintainability of second grievance petition---Tribunal could not go into the question regarding orders of the High Court passed in the same case. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15---Dismissal from service---Employee working as Head Cashier in Bank, was dismissed from service after issuing him charge-sheet and holding domestic enquiry against him on allegation of misappropriation of cash money---Domestic enquiry against employee was held under Bank Rules and no defect in enquiry had been established--- Bank being a custodian of public funds, even misappropriation of a single rupee would disentitle an employee from serving in such an Institution---No, reason thus existed for setting aside order of dismissal passed against employee. DECISION The appellant joined the National Bank Var Branch, Thatta District as money tester on 18-8-1965. He was promoted as Cashier in 1973 and Head Cashier in 1977. As Head Cashier he committed misappropriation in respect of Rs.2,900 cash. A domestic…

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