Case Details

Citation(s)
2007 SLG 2014 2007 SLD 2014 2007 PLC 671
Supreme Court of Pakistan
Civil Petition No.1500 of 2005, decision dated: 27-02-2007. (On appeal against the judgment, dated 14-3-2005 passed by Peshawar High Court, Peshawar, in Labour Appeal No.35 of 2005).
MUHAMMAD NAWAZ ABBASI AND HAMID ALI MIRZA, JJ

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MUSLIM COMMERCIAL BANK

VS

SHAMSUL AULIA MUSLIM COMMERCIAL BANK vs SHAMSUL AULIA

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185---Question of fact or mixed question of law and fact based on evidence---Concurrent findings of Courts on such question---Interference in such findings by Supreme Court---Scope stated. Usually Supreme Court is reluctant to interfere in the concurrent findings of the courts on a question of fact or a mixed question of law and fact based on evidence and mere fact that another view of the evidence was also possible or a wrong view of the evidence was taken by the concerned forum may not be valid ground for interference of Supreme Court. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A, 46, 47(3) & 48---Grievance petition---Cashier in Bank---Dismissal from service---Wilful negligence, charge of---Encashment of cheques allowed by Cashier without obtaining signatures and verifying identity of person, who presented cheque---Loss caused to bank in terms of money and reputation by such acts of Cashier---Dismissal of grievance petition by Labour Court affirmed by Labour Appellate Tribunal for Bank having proved such charge against Cashier---Reinstatement in service of Cashier with back-benefits by High Court---Validity---Tribunal instead of dismissing appeal should have proposed minor penalty commensurating with the nature of charge---Minor penalty of stoppage of two increments for two years without accumulative effect would be sufficient to meet the ends of justice---Supreme Court partly accepted appeal and modified of Tribunal in such terms. Qazi Muhammad Anwar, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Raja M. Ibrahim Satti, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondent. Date of hearing: 27th February, 2007. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution has been filed against the judgment, dated 14-3-2005 passed by a learned Judge in Chambers of Peshawar High Court, Peshawar, in a labour appeal arising out of a petition filed by the respondent under section 25-A of the Industrial Relations Ordinance (I.R.O.). 2. The relevant facts in the background are that the respondent was…
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