Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.O. 15(3)Dismissal from serviceEmployee was dismissed from service after chargesheeting him and holding enquiry against him on allegation of gross misconductOut of seven charges made against employee only two were proved but such proved charges also did not amount to misconduct and on such charges penalty of dismissal from service could not be awardedIt was also proved that employee was dealt with by employer in a very insulting manner in presence of his colleagues and general public­Misconduct on basis of which employee was dismissed from service having not been proved, employee was ordered to be reinstated in service. Chan Pir Shah v. Congothene Chemical Industries Limited and others 1981 PLC 984; Sardar Sher Muhammad v. Rao Bashir Ali Khan and another PLD 1962 Lah. 172 and Rehmat Elahi v. Government of West Pakistan PLD 1965 Lah. 112 ref. Masood Ahmad Ghuman for Appellant. Muhammad Shafiq Paracha, Officer GradeI for Respondents Date of hearing: 3rd June, 1996 JUDGMENT Last station of posting of Mussadaq Hussain, employed as Assistant by the Habib Bank Limited, was Fort Abbas, District Bahawalnagar; and he was dismissed from service on 1521981. This resulted in litigation, which has a chequered history, that may briefly be narrated below. 2. Mussadaq Hussain was, on 1761980, chargesheeted, on a number of counts, treated to be instances of grossmisconduct on his, part. He submitted a reply to the chargesheet, giving a lie to the allegations. The reply was considered as unsatisfactory, and a domestic inquiry followed, pursuant to which a second showcause notice was served on him in November, 1980. He was ultimately removed from service of the bank on 1521981. He preferred a departmental appeal on 2521981. The same was dismissed on 3181981. Grievance notice was served on 19101981 and the grievance petition under section 25A, Industrial Relations Ordinance, 1969 was filed before Punjab Labour Court No. 8, Bahawalpur, on 1121981. 3. The grievance petition was dismissed on 22121982, by Mr. Masood Ahmad Ansari, Presiding Officer of the aforesaid Court. Mussadaq Hussain filed…

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