Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 37(3)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3)(b)---Dismissal from. service---Appeal--Respondent/employee was dismissed from service on allegation that he was indulging in the acts of misappropriation of employer Bank's funds lying in margin accounts of letters of credit and also certain instances of giving wrong credit to various account holders were reported against him---Employee filed grievance petition against order of his dismissal from service, which was allowed, order of dismissal of employee was set aside and he was directed to be reinstated in service with immediate effect---Validity---Temporary embezzlement alleged against respondent/employee had been admitted by the employee before officers of the bank and he had allegedly deposited the entire amount so embezzled in order to save himself from the criminal consequences of the case as well as his officers from the charges of negligence on their part---Employer being a bank employee and entire business of the bank runs on the trust which the customers depose in a particular bank due to its reputation and honesty of its staff, it would not be proper to reinstate an officer in the service of bank against whom the charges of embezzlement had been proved in the internal enquiry of the bank---Bank management, which in the internal enquiry, had found its employee guilty of the charges made against him, should not be compelled to take back such employee in service and run the risk of some bigger embezzlement---Though certain technical points were in law which favoured the employee, but cases should be decided on merits and not on technicalities---Impugned order passed by the Labour Court was set aside---Respondent/employee having served the bank for twenty four years, instead of his dismissal or termination from service, he would be retired from service with all back-benefits---Salary of employee deposited with Nazir of the Court, should be given to him and he would be entitled to all retirement benefits. Zubair Ahmad v. Sindh Labour Appellate Tribunal PLD 1985 Kar. 760;…

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