Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)S. 25AWest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(b)Dismissal from serviceEmployee working as Cashier in Bank was dismissed from service on allegation of misappropriationAmount alleged to be misappropriated by employee in fact was received less by employee from one who paid electricity bill, which amount later on was collected by employee from that person and was deposited on same day in the bankEmployee against whom no complaint had ever been received earlier, and who had no dishonest intention and no fraudulent designs did not at all intend to misappropriate amountEmployee really was not guilty of alleged lapse on his part consciously and purposelyError which appeared to be in nature of a gross­ irregularity or manifest defalcation of money, was in consequence of some inadvertence or unintentional omission and not palpable negligence or guilty mindedness on part of employeeEmployee, in circumstances, was ordered to be reinstated with half of the service benefits for period he remained out of service. Farooq Zaman Qureshi for Appellant. Masud Ashraf Sheikh for Respondent. Date of hearing: 18th June; 1996. JUDGMENT By a judgment announced on 591995 by the Punjab Labour Court No.8, Bahawalpur grievance petition field under section 25A of the Industrial Relations Ordinance, 1969 by Muhammad Iqbal against the General Manager, Muslim Commercial Bank Limited, Circle Office, Rahim Yar Khan was dismissed; and he has come up in appeal to this Tribunal. 2. Muhammad lqbal was brought on its rolls by the Muslim Commercial Bank Limited on 781989 and he was dismissed from service on 10111994. He challenged this order by taking up a number of pleas, the same being that the chargesheet served on him on 791994, relating to certain alleged incidents dated 1941994 and 1661994 was timebarred, and it was otherwise also defective, having not emanated from the employer or the appointing authority. The allegations levelled against him were baseless, and, in any case, the bank had not been defrauded and deprived of any money. The order of dismissal was the outcome of mala fides…

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