1997 PLP 739 (PLC(CS))
HABIB BANK LIMITED, KARACHI Versus NAZIR KHAN
| Citation | 1997 PLP 739 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtaq Ali Kazi, Appellate Tribunal |
| Parties | HABIB BANK LIMITED, KARACHI Versus NAZIR KHAN |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 739 (PLC(CS))?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 739 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtaq Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 739 (PLC(CS)) (HABIB BANK LIMITED, KARACHI Versus NAZIR KHAN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Anwar Bajwa for Appellant.
- Fasahat Hussain Rizvi for Respondent.
- Date of hearing: 13th November, 1996.
Headnotes / Summary
‑‑‑‑S. 25‑A‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(b)‑‑‑Theft‑‑‑Dismissal from service‑‑‑Employee was dismissed from service after issuance of show cause notice and holding enquiry against him on allegation of stealing certain spare‑parts of machinery‑‑‑Allegation of theft was not only established against employee, but he himself had admitted his guilt in writing‑‑ Mere defect, if any, in domestic enquiry against employee, could not be said to have vitiated the enquiry especially when employee had not even at later stage denied that the had signed confession and employee was fully associated with enquiry‑‑‑Employee, thus was rightly dismissed from service and could not be reinstated in service.
Judgment & Decree
Shahid Anwar Bajwa for Appellant. Fasahat Hussain Rizvi for Respondent. Date of hearing: 13th November, 1996. This appeal arises from decision of the Sixth Sindh Labour Court, Hyderabad reinstating the respondent in service with all back benefits.
2. Respondent Nazir Khan was employed as Chowkidar Habib Bank Branch, Hyderabad since 15‑10‑1991. The respondent was alleged to have removed certain spare‑parts of the machinery from premises of Textile Corporation of Pakistan where he was posted as godown Chowkidar. The spare‑parts stolen by him were concealed near Kali Mori, Hyderabad. The information leaked out and the Bank recovered the stolen machinery parts on the pointation of the respondent Chowkidar. The respondent admitted his guilt in writing. He apologized and promised not to repeat such acts in future. Still he was served with the show‑cause notice and enquiry was held against him. He was found guilty and he was served with the second show -cause notice and dismissed from service.
3. The learned Presiding Officer of the Labour Court felt that the domestic enquiry was not conducted in a proper manner and the norms of natural justice appeared to have been violated. The order of dismissal of the Chowkidar was, therefore, set aside and he was ordered to be reinstated with all the back benefits.
4. The respondent Chowkidar had admitted the theft, produced the stolen articles and made a confession. In fact in such cases the enquiry is usually superfluous. It is not understood what norms of natural justice have been violated. A Bank is not supposed to retain a person as Chowkidar after the person had been caught red‑handed and he has signed his confession. Mere defects if any in the domestic enquiry cannot be said to have vitiated the enquiry. The respondent has not even at this stage denied that he had signed the confession. He was fully associated with the domestic enquiry.
5. The order of the lower Court is, therefore, set aside and the appeal of the Habib Bank is allowed. The amount if any deposited by the Bank as back benefits may be refunded to the appellant Bank after thirty days. H.B.T./185/Lb.S Appeal allowed.