Law: Industrial Relations Act, 2008

Section: 55

Law: Constitution of Pakistan, 1973

Section: 199

Industrial Relations Act, 2008 (IV of 2008)-- ----S. 55--Constitution of Pakistan, 1973--Art. 199--Constitutional petition--Right to invoke constitutional jurisdiction--No remedy against Labour Court--Employment of bank--Termination from job--Charge sheet--Grievance petition was allowed to be reinstated in service without back benefits with employer being at liberty to award proper, lenient punishment to applicant--Allegation against the employee was that on five different occasions he received amounts but did not account for the same--Guilty of the charge sheet--Operation system of banks-under banking system at the close of each day if cash is found in excess the employee has to state--Validity--If cash is found short the employee has to state at the close of the day to the employer--There is no statement of the present respondent that when he totaled the scroll he found cash short--Held: No labour appellate tribunal has been constituted in the province of Sindh, petitioner has no remedy whatsoever available to him against the impugned order passed by Labour Court has a right to invoke constitutional jurisdiction of High Court--Petition was allowed. 1980 PLC 981, 2005 SCMR 753, SBLR 2008 SC 79, 2007 SCMR 1143, SBLR 2007 Sindh 1109, 2009 PLC 254, 2008 SBLR 83, SBLR 2004 Sindh 1565 & 2003 PLC (CS) 1247, ref. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, JUSTICE---.--- The facts giving rise to this constitution petition are that Respondent No. 2 was employed as an Assistant/Teller by the petitioner bank. He entered into employment of petitioner bank in 1974. On 11.5.2007 a charge sheet was issued to Respondent No. 2. The substance of charges against him, as stated in the charge sheet, was in the following words:-- "CHARGE SHEET It has been reported against you by the manager Compliance and Control (CCD) vide its report dated April 19,2007, that while performing duties of Teller at Taimuria Branch, Karachi, you have committed the following irregularities of serious nature which tantamount to misconduct:-- (i) On 19.02.2007, you received an amount of Rs. 5,300/- in collection of Utility (KESC) Bill of Consumer # AL-623866, which was not accounted for in the…

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