1986 PLP 807 (PLC)

M. Manzoor Ali Shah, Officer, Habib Bank Ltd., Zonal Office, Larkana. 11, November, 1981 c/o Sayed Abrar Hussain Shah Sarafa Bazar, Larkana. Dear Sir, You are hereby informed that your services are no longer required by the Bank and as such the same are hereby terminated with immediate effect in terms of clause 6 of Rules and Regulations of the Bank. You will be paid one month's salary in lieu of notice. We reserve all our rights to recover Bank's dues and other liabilities, if any, either from , you or from your guarantor. Sd/- Inayatullah Khan, Senior Vice‑President Personnel Division. Yours faithfully, Sd/‑ Shabahat Ail Khan, Senior Vice‑President, Regional Controller."

7. If the above termination order is analysed and seen properly, it has assigned no reasons for the termination of service as is required by Standing Order 12 (3) of the Standing Orders Ordinance, 1968. The Standing Order 12 (3) is‑as under:-- "12(3) Termination of employment.‑‑The services of a workman shall not be terminated nor shall a workman be removed, retrenched, discharged or dismissed from service, except by an order in writing which shall explicitly state the reason for the action taken. In case a workman is aggrieved by the termination of his services or removal, retrenchment, discharge or dismissal, he must may take action in accordance with the provisions of section 25‑A of the Industrial Relations Ordinance, 1969 (XXIII of 1969) and thereupon the provisions of the said section shall apply as they apply to the redress of an individual grievance.

8. The word 'no longer' is no reason for termination of his service., Therefore, the termination order violates the Standing Order 12 (3) of l the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Reverting to section 6 of the Habib Bank B Rules and Regulations, the rule 6 is very harsh as it gives no opportunity to the defaulter or to the employee to say something in defence. It is against all the cannons of natural justice, whether the appellant is a worker or is an officer, he could not be dealt with any, such a stimmar~yA7 manner and is plucked like a carrot and 'thrown out.

9. The above action of the respondent Bank is neither proper nor condusive to natural justice. This strengthens the case of the appellant C that he was removed on account of something lurking in the minds of his superior. Although, the superior official will not ask his subordinate to report against Noor Muhammad Pathan, but since the allegations are made by the appellant and why he should make the allegations if he was given some hearing and was heard as to what he has to say. There is yet a story narrated by the appellant that he wanted leave which was verbally granted by Zonal Chief. But, at the same time, he was suddenly transferred from Gaji Khuhawar Branch. No reason is given as to his transfer order or to his default or to his misbehaviour whatsoever.

10. The cancellation of the power of Attorney was so summary which shows the mind of the banking high official. The clerical job that he did upto the date of his termination and after his transfer from Gaji Khuhawar Branch ought to be considered. The Standing Orders Ordinance, 1968, has the upper hand over the Rules and Regulations of the bank and the Rule No. 6 of Habib Bank Rules and Regulation. What agitates the mind of a judicial officer that the appellant has served as a clerk from 1967 and then promoted and then he was holding an important job that of a Manager `for full 14 years and he should have been so summarily terminated without hearing or giving him the chance to be heard. against the cannons of natural justice:

11. In this case, it appears that injustice is done by violating the Standing Order 12 (3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and as such he deserves to be re‑instated. I, therefore, set aside the impugned order of the labour Court and order the re‑instatment of the appellant with immediate effect. As regards the back benefits, he be given 50% (fifty per cent ) of the back benefits. A. E. Appeal accepted.