Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.O. 15(3)(b)(e)---Removal from service---Employee was removed from service after charge-sheeting him and holding enquiry against him on allegations of remaining absent from duty without leave and commission of fraud, corruption and misappropriation---All allegations levelled against employee were found to be sound and well-based in enquiry and employee could not rebut the same---Employee, in circumstances was rightly removed from service. Umar Alvi for the Bank. Muhammad Zaman Qureshi for the Employee. Date of hearing: 23rd October, 1996. JUDGMENT By the present judgment, I propose to dispose of two appeals, captioned above, as the facts and legal questions involved are practically the same. 2. Mahmood Ahmad Qadri was appointed as Messenger in the year 1979 and promoted in 1986 as Assistant by the Habib Bank Limited; and he was removed from service on 26-2-1991. He alleged that the management of the Habib Bank Limited had become revengeful against him, owing to his trade union activities, and especially as in 1984 he had been elected as General Secretary of the Union of the employees, certified as C.B.A. What went against him in particular was that he had lodged complaints, Exhs. P-1 to 6, against the Circle Executive, Sialkot, as also Zonal Chiefs, Narowal, about certain irregularities committed by them. He was served with charge-­sheets and an Enquiry Officer was appointed for holding a probe. On his application, the Enquiry Officer was replaced by a new one, but he too was partial. He had to have recourse tot he National Industrial Relations Commission, and he obtained a stay order, where after the Habib Bank Limited did not take further action against him. According to Qadri, a conciliation meeting' was held and he was assured that final action would not be taken against him, whereupon the petition before the N.I.R.C. was got dismissed in default. Mr. Qadri maintains that actually he had been compelled not to pursue the proceedings before the N.I.R.C. He has, however, neither explained, nor established on record, how did the 'Authorities' force him to withdraw…

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