Law:

Section:

(a) Industrial dispute- --- Dismissal from service for misconduct---Multiple charges---Order passed on basis of charge not mentioned in clear words to have been proved in Domestic Enquiry report---Enquiry report stating that other charges stood proved--­Dismissal order, held, technically bad and not sustainable---Employer would be at liberty to either pass fresh order on basis of enquiry already held or to hold fresh enquiry on charges already framed and then pass fresh order. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)---Grievance petition against dismissal for misconduct--­Reinstatement---Back benefits---Dismissal order found technically bad and not sustainable---Reinstatement with fifty per cent back benefits awarded. DECISION This is an appeal against the order of the learned Sind Labour Court No.V, Karachi, dated 10-4-1988, whereby the grievance application of the appellant was dismissed. 2. I have heard Mr Ali Amjad, Advocate for the appellant and Mr.Farooq Abdul Ghani, Advocate for the respondents. 3. Admitted facts of the case are that the appellant was Cashier of the respondent in Burns Road Branch of the Bank. He is alleged to have assisted Manager and Accountant of Burns Road Branch in committing fraud and misappropriation of total amount of over ten millions of rupees by encashing cheques which bore signatures of one Officer as against Rules of the Bank that the same should be signed by two authorised Officers. He was charge-sheeted for the same and after domestic enquiry the appellant was dismissed vide order-dated 14-3-1984. He filed Review Petition against dismissal which was dismissed on 7-7-1984. He is alleged to have served grievance notice dated 3-10-1984 and then filed grievance petition before the learned Labour Court which was resisted by the respondent on the ground that the charges were duly proved against the respondent in the domestic enquiry. 4. The charges against the appellant may be reproduced as under:- "CHARGE SHEET It has been reported against you that during your posting as Cashier at Burns Road Branch, Karachi you assisted Manager and Accountant of Burns Road Branch for committing fraud of over…

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