Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 12---Dismissal from service---Bank employee---Charge of misappropriation or embezzlement of Bank's money---Deposit of misappropriated or embezzled amount by employee after charge was proved against him---Effect---Business of Bank is based on mutual trust between Bank and its customers---Bank acts as a custodian of public money---Any slight doubt or suspicion with regard to activities and business of Bank and dishonesty of its employees would shake confidence of its customers resulting in ruination of its business---Once such charge was proved against employee, irrespective of quantum of amount, the Bank would lose its confidence or faith in him, thus, awarding him punishment of dismissal from service would not be wrong---Any subsequent deposit would not constitute a mitigating circumstance in favour of employee to allow him reinstatement in service of Bank---Principles. ORDER SAIYED SAEED ASHHAD, J.--- These two petitions for leave to appeal have been filed to assail the judgment of Sindh High Court, dated 22-3-2007 in Labour Appeals Nos.14 and 15 of 2006. Labour Appeal No.14 of 2006 was filed by respondent No.1 to challenge the order of reinstatement of the petitioner passed by Sindh Labour Court No.VII, Sukkur. Labour Appeal No.15 of 2006 was filed by the petitioner against the order of the Labour Court refusing to grant back-benefits. Both the appeals were disposed of by the aforesaid judgment whereby appeal filed by respondent No.1 was allowed and order of dismissal of the petitioner was restored; whereas labour appeal filed by the petitioner was dismissed. Petitioner feeling aggrieved and dissatisfied with the impugned judgment of the High Court assailed the same by way of above two petitions for leave to appeal. 2. Mr. Mahmood A. Ghani, learned Advocate Supreme Court appearing on behalf of respondent No.1 raised a preliminary objection relating to the maintainability of the aforesaid petitions on the ground that in view of the provision of Article 185(2)(e) of the Constitution of Islamic Republic of Pakistan (hereinafter referred to as the…

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