Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3)(b) & (4)--­Misconduct---Dismissal from service---Employee working as cashier in the Bank was dismissed from service after holding enquiries against him on allegation that amount in his possession which he received from other Branch of Bank was .found short---Employee, in three enquiries, was found guilty of committing embezzlement/misappropriation of huge amount of two million and was found liable to make good loss of Bank and on the basis of said enquiries employee was dismissed from service---Grievance petition filed by employee against his dismissal was accepted by Labour Court holding that charge against employee had not been proved and that allegations in fact were nothing, but minor irregularities of Instructions and Rules of Bank for which employee was not liable as he had acted under orders of his superiors---Employee in criminal case registered against him, was acquitted and Trial Court absolved the employee from all liabilities with regard to missing/short amount---Despite acquittal in criminal case, employee was held liable for shortage of amount---Employee had contended that he having been acquitter in criminal case against him, no useful purpose would be served to proceed against him departmentally---Contention of employee was repelled because despite his acquittal he might be found to be negligent and not vigilant in discharging his duties---Employee could not escape liabilities of furnishing explanation as to how amount became short---Negligent and careless employees like him; could not be inducted in Bank's jobs---If no other punishment was to be inflicted on employee, least that could be done for safeguarding Bank's money, would be to relieve him of the sensitive Bank job ---Employee being not fit to be retained in service of the Bank his dismissal from service could be converted into simple termination of service. 2001 PLC 721; National Bank of Pakistan and others v. Basharat Ali and others 1996 SCMR 201; Attaullah Shaikh v. WAPDA and others 2001 SCMR 269; 2001 SCMR 789 =…

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