Law:

Section:

(a) Muslim Commercial Bank Rules, 1981-------R. 12(b)---Constitution of Pakistan (1973), Art. 199---Dismissal from service---Reinstatement---Constitutional jurisdiction---Exercise of---Employee who was Grade-III Officer in Bank, was dismissed from service by order passed by Senior Vice-President of the Bank---Rule 12(b) provides that Senior Executive Vice-President of Head Office and President only were competent to pass dismissal orders of employees---Bank Authority had failed to show that officer who ordered dismissal of employee had been delegated such powers--­Labour Appellate Tribunal after appreciating evidence on record, recorded finding of fact that dismissal order of employee was not passed by competent authority---Finding of fact arrived at by Tribunal, after appraisal of evidence on record not suffering from any misreading, could not be interfered with by High Court in exercise of its Constitutional jurisdiction. (b) Industrial dispute--- ----Back benefits---Entitlement---Employee who was dismissed from service, was reinstated without allowing him back benefits---Employee did not even orally assert that he was not gainfully employed elsewhere during period of his unemployment---Employee, in circumstances was rightly held not entitled to back benefits. Muhammad Bashir and others v. Chairman, Punjab Labour Appellate Tribunal, Lahore and others 1991 SCMR 2087 and General Manager, National Radio Telecommunication Corporation, Haripur, District Abbottabad v. Muhammad Aslam and others 1992 SCMR 2169 ref. JUDGMENT This judgment shall dispose of Writ Petition No. 1260/1989 and Writ Petition No. 1462/1989 involving identical questions and arising out of order dated 11-12-1988 passed by the Punjab Labour Appellate Tribunal, Lahore. 2. The dispute in this case relates to reinstatement with back benefits of Pervez Akhtar Khokhar, respondent No.3 herein, an employee in the Muslim Commercial Bank Limited. The Punjab Labour Appellate Tribunal, after appreciating the evidence on record, recorded a finding of fact that the dismissal of respondent No.3 was not passed by the competent authority. It would be advantageous to reproduce para. 5 of the judgment, which reads…

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