Law:

Section:

. Bank Employees' Wage Commission Award--- ---- Para. 258(4)(5)---Dismissal from service---Reinstatement---Service of second show-cause notice to Bank employee before dismissal from service neither was spelt out from provisions of sub-paras. (4) & (5) of para. 258 of Commission Award nor did it form part of principles of natural justice, but sub-para. (5) had made it obligatory upon competent Authority to consider inquiry report together with "employee's statement" before considering matter and imposing any penalty on employee---Term "employee's statement" was in addition 'to "employee's written explanation" to the charge-sheet/reply to show-cause notice---Statement of employee neither having been obtained nor laid before Authority for consideration, order of his dismissal could not sustain. Javed Altaf for Petitioner. S.M. Idrees for Respondent No. 3. Date of hearing: 12th January, 1993. JUDGMENT Challenge has been made in this petition to the order dated 12-7-1989 of the Punjab Labour Appellate Tribunal, Lahore, whereby the decision dated 27-4-1989 of the Presiding Officer, Punjab Labour Court No. 4, Faisalabad, dismissing. Riasat Ali Azad, respondent No. 3 herein, an employee of the petitioner-Bank, was set aside and he was directed to be reinstated in service without back benefits. 2. The facts in brief are that respondent No. 3 was in the employment of the petitioner bank and he was issued a charge-sheet for being absent from duty on certain dates and that he had quarreled with one account-holder, namely, Munir Ahmad on 2-8-1983. An enquiry was conducted into the allegations levelled against him. He was found guilty by the Inquiry Officer. Consequently, he was dismissed from service. Being aggrieved with his dismissal, he filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, before the Punjab Labour Court No. 4, Faisalabad, which was accepted vide order dated 27-4-1989, and he was ordered to be reinstated in service without back benefits. This order was upheld in appeal vide judgment dated 17-7-1989 passed by the Punjab Labour Appellate Tribunal. 3. The only plea raised by the learned counsel for the petitioner, during the…

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