Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--S.25-A---Constitution of Pakistan (1973), Art.185(3)---Bank employee's dismissal on charge of negligence---Substitution of punishment of dismissal by lesser punishment---Legality---Leave to appeal was granted to determine whether Labour Court was justified in interfering with quantum of punishment awarded by employer. ORDER QADEER CHAUDHRY, J.---The respondent No.1 was employed with the petitioner-Bank. He was charge-sheeted on 15-10-1979 for making embezzlement in connivance with other officers spread over a period of more than one year. An Inquiry was held and he was dismissed from service on 31-3-1981. Against the order of his dismissal, the respondent filed an appeal. The said appeal was rejected on 15-1-1983. The respondent filed a second appeal on 29-3-1983 which was dismissed on 26-10-1983. On 2-11-1983 he served the employer with a grievance notice and thereafter filed grievance petition in the Labour Court. The Labour Court accepted the petition on 13-1-1985 and ordered his reinstatement with back benefits. This order was challenged before the High Court. The main ground urged by the petitioner was that the award could only be enforced by the National Industrial Relations Commission, therefore, the Labour Court had no jurisdiction. This plea was accepted by the High Court. The matter came up to this Court. This Court allowed the appeal and it was held that Award of Wage Commission could be enforced through an application before the Labour Court. 2. The learned counsel has referred to the order of the Labour Court. It was observed by the Labour Court that:-- "If the petitioner had come to…

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