| Citation(s) |
|---|
| 1996 SLG 525 1996 SLD 525 1996 PLC 481 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-511 of 1991, decision dated: 15-02-1996
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-511 of 1991, decision dated: 15-02-1996
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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NATIONAL BANK OF PAKISTAN, KARACHI
VS
Ch. AHSANUL HAQ NATIONAL BANK OF PAKISTAN, KARACHI Vs Ch. AHSANUL HAQ
Law:
Section:
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 on allegation that gas bills received by him at the counter, had been remitted by him to the Link Branch after lapse of weeks or even months--Employee was issued charge-sheet and enquiry was held against him in which not only he participated, but pleaded guilty giving some explanation---Labour Court re-instated employee in service holding that case against employee was not of misappropriation of Bank money, but was of late deposit---Non-remittance 'of cash money even for a day would amount to temporary misappropriation under the law---Ample documentary evidence was available in respect of misappropriation committed by employee and through the proceedings employee had admitted commission of such misappropriation--Even a detailed enquiry would not appear to be necessary and even could be dispensed with in such a situation---Affairs of Bank were of delicate nature and the client's money-could not be allowed to be entrusted to persons like employee who admitted, oversight, forgetfulness and such other acts of negligence while dealing with cash---Judgment of Labour Court according to which employee was re-instated was thus set aside. DECISION This appeal filed by the National Bank of Pakistan arises from the order of the Vth Sindh Labour Court, Karachi whereby the grievance petition of Head Cashier for reinstatement in service was allowed with full back benefits. 2. The facts, in brief, are that respondent Ch. Ehsanul Haq was working as Head Cashier in National Bank of Pakistan, Garden Road Branch, Karachi. On receiving complaint in respect of payment of gas bills received at the counter the respondent was served with two Memos. one from the Manager, dated 9-4-1986 and the other from the Executive Vice-President dated May 27, 1986. It was stated in these Memoranda that according to the Report from the Southern Gas Company Limited the gas bills received at the counter had been remitted to the link Branch after lapse of weeks or even months as per the following…
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