Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether after finding the enquiry against Bank employee to be defective, Labour Appellate Tribunal could justifiably bar a fresh enquiry into charges of embezzlement. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Dismissal from service---Allegations of embezzlement---Enquiry against employees was found to be defective and bad in law---Effect---Fresh enquiry---Admissibility---Bank employees were charge-sheeted on the allegations that, they, in connivance with some other officials of the Bank, embezzled various amounts of the account-holders/depositors by committing fraud and forgeries---Enquiry was held into the allegations and the Enquiry Officer found the employees guilty of the charges with the result that they were dismissed---Where the Bank employees were accused of having embezzled the public money by committing acts of fraud and forgery but the enquiry held against them was found to be defective/bad in law and consequently the orders of their dismissal/removal from service based on such an enquiry were -;truck down, the employers, in all fairness, should be allowed, if they so desired, to hold fresh departmental enquiry to establish the charges against the delinquent employees. Shafqat Mahmood Lodhi v. The Accountant-General, West Pakistan Lahore PLD 1968 Lah. 786 and Muhammad Mahmood Ali v Pakistan through Secretary, Ministry of Finance 1984 CLC 142 ref. JUDGMENT ZIA MAHMOOD MIRZA, J.---The abovementioned two appeals arise from a single order of the Lahore' High Court whereby two writ petitions filed by the present appellant against the orders of the Punjab Labour Appellate Tribunal directing the reinstatement of respondent employees were dismissed in limine. Both the appeals are, therefore, disposed of through this judgment. 2. Leave to appeal in both the cases was granted only to examine whether after finding the enquiry to be defective, the Labour Appellate Tribunal could justifiably bar a fresh enquiry into charges, which were of embezzlement. 3. Facts strictly relevant for the…

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