| Citation(s) |
|---|
| 1998 SLG 1351 1998 SLD 1351 1998 PLC 390 |
Labour Appellate Tribunal, Punjab
MIAN GHULAM AHMAD, CHAIRMAN
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MIAN GHULAM AHMAD, CHAIRMAN
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THE PRESIDENT, HABIB BANK LIMITED, KARACHI and 3 others
VS
Syed SHAFQAT HUSSAIN SHAKIR
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--------Ss. 2(xxviii) & 25-A---Workman---Low Grade Bank Manager or Officer with no powers of hire and fire of making appointments and even granting leaves to subordinates was considered to be a "workman" and not an officer working in managerial capacity. 1988 SCMR 1664 and 1993 PLC 412 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Full back benefits---Claim for---Employee who was re-instated in service, had deposed that he was entitled to full back benefits for the period he remained out of service as he was without any means of livelihood ever since his severance from service---Claim of employee was denied by employer contending that conduct of employee having partly been responsible for his removal from service and for loss to employer and employee having not entirely been blameless in course of his service past benefits could well be refused to him---Extreme action of removal of service against employee having been initiated or actuated on no plausible and valid premises and not by reason of his direct involvement or conduct, employee had to be treated as innocent in the matter, but blot on good name of employer Bank, having partly been attributed to employee, he was held entitled to half of salary for the period he remained out of service, especially for the reason that employee had not served employer Bank for that period. 1991 SCMR 2087 ref. Mian Abdul Rashid for Appellants. Z.A. Qudoosi for Respondent. Date of hearing: 3rd December, 1996. JUDGMENT By a judgment, announced on 13-8-1995, the learned Labour Court, Multan, accepted the grievance petition, filed under section 25-A, Industrial, Relations Ordinance, 1969, by Syed Shafqat Hussain Shakir, and ordered his reinstatement in service with full back benefits. The Authorities of the Bank have, preferred the present appeal. 2. Mr. Shakir was employed by the Habib Bank Limited in the year 1974-1975. He was Sub-Manager at Mian Chanoon Branch in 1985, and was transferred to Kukkar Hatta Branch in July. He claims to have detected a fraud of 25 lacs rupees; Mehr Altaf Hussain, the outgoing Manager had committed it, and he came to…
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