Law:

Section:

Industrial dispute--- ---- Dismissal from service---Employee working as Cashier in Bank, was dismissed from service after issuing charge-sheet on allegation of embezzlement/misappropriation of amount---Employee was served with charge-sheet after lapse of ten months from discovery of alleged embezzlement---Account-holders did not support version that their money had been misappropriated for any length of time---Labour Court, in circumstances, had rightly ordered re-instatement of employee holding that charge-sheet served on employee was time-barred and that alleged misconduct against him had not been proved in domestic enquiry which, also was not conducted according to law. Masood A. Khan for Appellants. M. Ishaq Abbasi for Respondent. Date of hearing: 6th February, 1995. DECISION This appeal by the United Bank Limited is directed against the order of Labour Court No. VI, Hyderabad in a grievance application of respondent Muhammad Hashim Khoso on the ground that the charge-sheet served upon the respondent was time-barred and that the misconduct against him had not been proved in the domestic enquiry which, too, was not conducted in accordance with the procedure laid down in Standing Order 15 of the Standing Orders Ordinance, 1968. The respondent was working in the Badin Branch of the appellant Bank as a Cashier. During the course of Audit Inspection of the Branch certain irregularities were brought to the notice of the Branch Manager. Two pay in slips counterfoils, dated 7-12-1986 for Rs.15,400 of Account No. 5765 in the name of Noor Ahmed and the other dated 13-5-1988 for Rs.84,000 of Account No. 5403 in the name of Muhammad Siddique, were discovered duly stamped and initialled in token of the receipt of the cash in the Bank Branch but these amounts were not credited in the respective Accounts on the said dates. The respondent was working as Cashier on the relevant dates. These amounts were later on entered in the accounts. As the matter was highly suspicious a preliminary enquiry was ordered. The report of the preliminary enquiry was submitted on 15-5-1990. Thereafter the case was referred to the Zonal Office and after necessary sanction the respondent was…

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