Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46, 47(3) & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Termination of service---grievance petition---appeal---Services of employee serving as Assistant in Bank were terminated after charge-sheeting him and holding inquiry against him on allegation of making bogus entries in the ledgers---Alleged bogus entries were not denied by employee in his statement before Enquiry Officer---Held, business of Banking was based entirely upon trust and confidence and financial transaction called for much higher degree of care in performance of duties by the employees of Bank---Once a fact of misappropriation was proved against an employee of Bank, misconduct alleged against him would stand, irrespective of the quantum of amount involved---Not necessary that only misappropriation of a large amount would attract the prescribed penalty of dismissal, while lesser would not attract such penalty---Bank acts as custodian of the public money and amount whatsoever was deposited, was required to be credited in the accounts of customer without any delay, and no sooner the trust reposed by the customer in the Bank was shaken, the Bank would not be in a position to run its business---Merely for the reason that at a subsequent stage, amount in dispute was deposited by the employee, would not constitute, a mitigating circumstance in his favour to hold that he was entitled for reinstatement into service---As soon as misappropriation of public amount was established, the delinquent would be deemed guilty of embezzlement and no leniency, in circumstances in that behalf could be shown to him---Even if employee had been found misappropriating public money from the Bank temporarily, but as far as charge was concerned, it stood established without doubt leaving no option for employer-Bank, except dismissing him from service to meet the ends of justice---Services of employee, in circumstances, were rightly terminated and said termination order could not be interfered with in appeal. Mukarram Shah v. Sindh Labour Appellate Tribunal and others 2005 PLC 14; Divisional Collector,…

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