Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---Preamble--Industrial Relations Ordinance (WTI of 1969), S.25-A--Rules framed on basis of Wage Commission Award are not statutory rules so as to exclude application of Standing Orders Ordinance, 1968. 1990PLC197rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S.O.15(4)--Industrial Relations Ordinance (XXIII of 1969), S.25-A-­Dismissal--Misconduct--Respondent employee working as a Cashier with appellant was charged for misappropriation--Charge-sheet was issued to worker after period of one month of alleged acts of misconduct--No proper proof was available to show that these acts of misconduct came to knowledge of employer within one month from date of misconduct--Prima facie it was not possible to believe that acts of misconduct would have gone un-noticed by employer or his agent, nor employer proved his ignorance about it for long--Held, charge­sheet issued was barred by time and order of dismissal from service was illegal. (c) Industrial Relations Ordinance (XXIII of 1969)--- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(4)--Back benefits--Worker was reinstated on technical ground--Order of Labour Court allowing only 50% back benefits to worker was upheld. Date of hearing: 7th April, 1990. DECISION These 2 cross appeals have been filed against the order of learned Presiding Officer, Sindh Labour Court No.VII at Sukkur, dated 13-3-1989; whereby he ordered the reinstatement of the workman Rub Ali Dayo (hereinafter called the respondent); with 50% back benefits. The United Bank Ltd. (hereinafter called the appellant) has filed Appeal No.SUK-244 of 1989 against the order of reinstatement of the respondent, and the respondent has filed Appeal No.SUK-257 of 1989 against the order with-holding 50% of his back benefits. I intend to dispose of both the appeals by this single Decision. 2. I have heard Mr. Sadiq Khan, learned Advocate for the appellants and Mr.M.L.Shahani, learned Advocate for the respondent and have also gone through the record and…

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