Case Details

Citation(s)
1998 SLG 1316 1998 SLD 1316 1998 PLC 315
Labour Appellate Tribunal, Punjab
Appeal No. 432 of 1991, decision dated: 9-05-1997
MIAN GHULAM AHMAD, CHAIRMAN

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THE PRESIDENT, NATIONAL BANK OF PAKISTAN, KARACHI and 2 others

VS

NASIM AHMAD CHAUDHRY

Law:

Section:

Industrial dispute------- Removal from service---Employee who was promoted as Officer Grade-III after ten years of his appointment and was granted additional increment and also a letter of appreciation was removed from service after charge-sheeting him and holding inquiry against him and despite he was not held guilty of offence, was removed from service---Labour Court had rightly concluded that employee who had status of workman, was charge-sheeted, was found guilty and was dismissed from service on no valid premises and for vindication of his honour and to secure his right he had to wage a "judicial war" extending over years---Order dismissing employee from service was set aside and he was deemed to have been in service till the age of his superannuation and he was held entitled to half of back benefits. PLD 1988 SC 53; 1978 PLC 201; 1978 PLC 233; 1980 PLC 136; 1984 PLC 1028; 1986 PLC 326; 1984 CLC 2782; 1992 PLC 415; 1996 PLC 250; 1996 SCMR 201; 1990 PLC 142; 1990 PLC 197; 1990 PLC 593; 1985 PLC 174 and 1987 PLC 530 ref. Muhammad Nawaz for Appellants. Malik Muhammad Asghar for Respondent. Date of hearing: 17th March, 1997. JUDGMENT By the present judgment, I shall dispose of the Appeal (No.432 of 1991) filed by the Authorities of the National Bank of Pakistan and the complaint (No.387/1995) lodged by Nasim Ahmad Chaudhary, with the reverse title. 2. Nasim Ahmad Chaudhary was employed by the Bank initially on 15-11-1963. He was promoted as Officer Grade-III, after about ten years, in the year 1973. In recognition of his services to the institution, as is claimed by Mr. Chaudhary, an additional increment was awarded and a letter of appreciation was issued to him. He was, however, charge-sheeted on 4-9-1984 (Exh.P-1), under rule 39, National Bank (Staff) Service Rules, 1980, and Mr. S. Maqsood Ahmad, Assistant Vice President, was appointed as the Inquiry Officer. Mr.Nasim refuted the allegations, vide Exh.P-2. He was removed from service on 24-1-1985 (Exh.P-3). He filed a departmental appeal, Exh.P-4, which was rejected on 29-9-1985. The letter of rejection Exh.P-5 was communicated to him on 16-10-1985. He filed a Writ Petition (No.955 of 1986). The same was…
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