Case Details

Citation(s)
1996 SLG 566 1996 SLD 566 1996 PLC 563
Labour Appellate Tribunal, Punjab
Appeals Nos. 10 and 11 of 1993, decision dated: 27-03-1996, hearing DATE : 26-02-1996
MIAN GHULAM AHMAD, CHAIRMAN

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PAKISTAN TOURISM DEVELOPMENT CORPORATION through Deputy Managing Director

VS

MUHAMMAD SALEEM PAKISTAN TOURISM DEVELOPMENT CORPORATION through Deputy Managing Director Vs MUHAMMAD SALEEM

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(4)---Dismissal from service--- Re-instatement--- Employee who was found indulging in embezzlement/misappropriation of funds, was charge-sheeted and was dismissed from service after initiating enquiry against him in which he was found guilty--­No defect could be found in inquiry proceedings as it was impartial and employee was afforded adequate opportunity to take part in enquiry proceedings---Employee not only was found guilty minded as he forged signatures of his officer with a view to draw over time charges, but was also a defiant and disobedient person with an insolent and rebellious deposition who consciously made a display of his insulting attitude---Even in the course of argument before Labour Appellate Tribunal employee had been jeering and joking and not allowing counsel of employer to proceed with his arguments--­Labour Court, in circumstances, '.vas wrong to order re-instatement of such employee--Order of re-instatement of employee passed by Labour Court was set aside, in circumstances. JUDGMENT By this judgment are intended to be disposed of two Appears Nos.10 and 11 of 1993, one filed by Pakistan Tourism Development Corporation against Muhammad Saleem, and the other, with the reverse title. By a judgment delivered on 21-11-1992, learned Presiding Officer, Punjab Labour Court No.2, Lahore (Haji Muhammad Akram Baitu) had ordered reinstatement' of Mr. Muhammad Saleem in service, but without back benefits, to which he has laid claim. P.T.D.C. seeks to set aside the order of reinstatement of Muhammad Saleem. P.T.D.C., through a counsel, while Muhammad Saleem, in person, made their submissions. In the course of this judgment. I would be making reference to the P.T.D.C. as appellant and Muhammad Saleem as respondent. 2. Muhammad Saleem was, on 10-7-1971, recruited as clerk in the establishment of the P.T.D.C. at Karachi. He became Senior Accounts Clerk, and was late, on 8-10-1974, promoted as assistant. He was found to have indulged in embezzlement/misappropriation of funds, and was…
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