1996 PLP 642 (PLC(CS))

(b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑‑ ‑‑‑‑S.O. 15‑‑‑Dismissal from service‑‑‑Employee working as Head Cashier in Bank, was dismissed from service after issuing him charge‑sheet and holding domestic enquiry against him on allegation of misappropriation of cash money‑‑‑Domestic enquiry against employee was held under Bank Rules and no defect in enquiry had been established‑‑‑ Bank being a custodian of public funds, even misappropriation of a single rupee would disentitle an employee from serving in such an Institution‑‑‑No, reason thus existed for setting aside order of dismissal passed against employee. Appellant in person. Partab Roy for Respondents. Date of hearing: 1st February, 1996. The appellant joined the National Bank Var Branch, Thatta District as money tester on 18‑8‑1965. He was promoted as Cashier in 1973 and Head Cashier in 1977. As Head Cashier he committed misappropriation in respect of Rs.2,900 cash. A domestic enquiry was held under the Bank Rules and he was dismissed from service by order dated 24‑7‑1980. He filed his grievance petition before the Labour Court. This grievance petition was dismissed. He then filed his appeal before the, Tribunal. The appeal was allowed and he was ordered to be reinstated with full back benefits. The Bank then filed Constitution petition before the High Court of Sindh. The High Court partly allowed the petition and set the order of reinstatement aside but the case was remanded to determine if the respondent was a workman. He was found by the Labour Court to be a worker The National Bank, however, relieved the appellant on 5‑12‑1992 as his reinstatement had been set aside. Against this order of being relieved he again filed his grievance petition before the Labour Court. As the High Court had set aside the order of his reinstatement by the Tribunal his grievance petition before the Labour Court was not, therefore, maintainable. Therefore, the Labour Court dismissed his petition. Against dismissal he has filed this appeal. Since the order of reinstatement was set aside by the High Court and his grievance petition was not maintainable the case cannot be re‑opened by filing this appeal on the point of maintainability of the second grievance petition. The Tribunal cannot go into the question regarding orders of the High Court passed in the same case.

2. Even otherwise on merits the Head Cashier who was a worker had been found guilty of misappropriation of cash to the extent of Rs. 2,

900. The domestic enquiry having been held under the Bank Rules no defect in the enquiry has been established. There is, therefore, no reason for setting aside his dismissal. The Bank is custodian of public funds and even misappropriation of a single rupee would disentitle a Bank employee from serving in such Institution. It is unfortunate that the employees in the Bank commit defalcations and they have the check to seek re‑employment in the Banks after such defalcations. They want to have the cake and to eat it also.

3. The order of the Labour Court is accordingly maintained and the appeal is dismissed. H. B. T./54/Lb.S Appeal dismissed.