1996 PLP 16 (PLC)

‑‑‑S. 25‑A‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15‑‑‑Termination of service‑‑‑Services of a bank employee were terminated after issuing him charge‑sheet and holding domestic enquiry against him on charge that on checking the deposits certain amount was detected to be short‑‑‑Employee did not file any appeal against his termination as a result of departmental enquiry, but when after more than one year a criminal case was lodged against him and he was acquitted in that case, he filed petition for his re‑instatement before Labour Court‑‑‑Labour Court found that since criminal case was registered against employee after one year of his dismissal and that employee had moved after his acquittal in that case, grievance notice to employer was time‑barred and petition was not maintainable‑‑‑Employee having been dismissed from service as a result of domestic enquiry, his subsequent acquittal in criminal case was of no consequence as acquittal in criminal case was for different reasons and had no connection with reasons which prompted employer to dismiss him. Appellant in person. Date of hearing: 28th August, 1995. Heard the appellant Lutfullah in person. This appeal is directed against the order of the 8th Labour Court, Larkana dismissing the petition of the appellant for reinstatement as cashier of Habib Bank Ratodero Branch.

2. The facts are that on 16‑7‑1984 the Zonal Chief visited the Habib Bank Ratodero Branch and detected Rs.5,000 to be short on checking the deposits. The appellant was then charge‑sheeted and the domestic enquiry was held against him by the Vice‑President. As a result of the enquiry his services were terminated. No appeal was filed by the appellant against the termination as a result of the departmental enquiry. After more than one year a criminal complaint was also lodged against the appellant by the Bank Manager Ratodero. By that time the account holder did not support the case against the appellant and on that account the Banking Tribunal acquitted the appellant in the criminal case. Thereafter, the appellant filed this petition for reinstatement before the Labour Court. The Labour Court found that since the criminal case was registered after one year of dismissal, and the appellant had moved after his acquittal in the criminal case, the grievance notice to the Bank authority was time‑barred and the petition was not maintainable. He accordingly dismissed the petition for reinstatement. The appellant was dismissed from service as a result of domestic enquiry and his subsequent acquittal in the criminal case is of no consequence. The Bank officers specially the cashiers have to be above suspicion and they cannot be retained in service after any misappropriation is detected. The acquittal in criminal case is for different reasons and has no connection with the reasons which prompted the Vice President of the Bank to dismiss the appellant.

3. There is no substance in this appeal which is dismissed in limine. H.B.T./2493/Lb.S Appeal dismissed.