1991 PLP 460 (PLC)
NATIONAL BANK OF PAKISTAN Versus MANZOOR ALI
| Citation | 1991 PLP 460 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Ahmed Ali U. Qureshi, Appellate Tribunal |
| Parties | NATIONAL BANK OF PAKISTAN Versus MANZOOR ALI |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 460 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 460 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ahmed Ali U. Qureshi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 460 (PLC) (NATIONAL BANK OF PAKISTAN Versus MANZOOR ALI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Muhammad for Appellant.
- Date of hearing: 15th January, 1990.
Headnotes / Summary
‑‑‑‑S.25‑A‑‑‑National Bank of Pakistan Staff Service Rules, 1980‑‑‑National Bank of Pakistan (Service) Rules, 1973‑‑‑Dismissal‑‑‑Misappropriation‑‑‑Respondent Bank employee was dismissed from service under Staff Service Rules, 1980 which were neither statutory Rules nor overridden by statutory Rules of 1973‑‑ Disciplinary action initiated, charge‑sheet issued and served on respondent alongwith subsequent proceedings against him, held, were all without lawful authority and ab initio void‑‑‑Order of Labour Court allowing grievance petition of respondent was maintained in circumstances. National Bank of Pakistan v. S.L.A: T. 1990 P L C 197 rel.
Judgment & Decree
S.25-A
National Bank of Pakistan Staff Service Rules, 1980
National Bank of Pakistan (Service) Rules, 1973
Misappropriation
Respondent Bank employee was dismissed from service under Staff Service Rules, 1980 which were neither statutory Rules nor overridden by statutory Rules of 1973-- Disciplinary action initiated, charge-sheet issued and served on respondent alongwith subsequent proceedings against him, held, were all without lawful authority and ab initio void
Order of Labour Court allowing grievance petition of respondent was maintained in circumstances. National Bank of Pakistan v. S.L.A: T. 1990 P L C 197 rel. Noor Muhammad for Appellant. Date of hearing: 15th January, 1990. This is an appeal against the order of learned Presiding Officer Sindh Labour Court No. VII at Sukkur whereby be allowed the grievance petition of the respondent.
2. Admittedly the respondent is a workm4n employed by National Bank of Pakistan. He was charge-sheeted for misappropriation and after domestic enquiry he was dismissed from service. After serving the grievance notice upon the appellants, the respondent filed the grievance petition.
3. Admittedly the respondent was charge-sheeted under National Bank of Pakistan Staff Service Rules, 1980 and was dismissed under the said Rules from service. In the case of N.B.P. v S:L.A.T. 1990 P L C 197, the learned Division Bench of the Sindh High Court Karachi had held that the Staff Rules of 1980 are not statutory Rules and they do not override the National Bank of Pakistan (Service Rules) 1978, which are Statutory Rules and were framed under the National Bank of Pakistan Ordinance, 1949. Their Lordships have further held that disciplinary action initiated under the N.B.P. Staff Service Rules, 1980 and issuance of the charge-sheet alongwith all subsequent proceedings would be without lawful authority. This ruling has been followed by this Tribunal in a number of cases. In the instant case also, as pointed above, the respondent was charge-sheeted and dismissed under the 1980 Staff Rules which proceedings, as held by their Lordships in the above case, are without lawful authority and ab initio void. I do not find any reason to deviate from the consistent view of this Tribunal with this regard. I, therefore, dismiss the appeal in limine. M.Y.H./1622/Lb.S Appeal dismissed.