| Case ID |
037e50c9-03c4-45f9-981e-3b595eb43853 |
| Body |
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| Case Number |
Appeal No. 14 of 1998 |
| Decision Date |
Jan 09, 2001 |
| Hearing Date |
Jan 09, 2001 |
| Decision |
The Labour Appellate Tribunal set aside the Labour Court's decision to reinstate Muhammad Ashfaq Ali, an Ex Cashier of the Muslim Commercial Bank, due to the serious nature of his misconduct involving the delivery of cash against a fake token. The Tribunal emphasized the importance of trust in banking operations and ruled that the employee's actions amounted to more than mere negligence. The Tribunal further noted that the grievance petition was time barred, as it was filed beyond the permissible time frame after the initial dismissal, thus rejecting the employee's claims. |
| Summary |
This case revolves around the dismissal of Muhammad Ashfaq Ali, an Ex Cashier at Muslim Commercial Bank, for delivering cash based on a counterfeit token. The Labour Court initially reinstated him, citing rush hour circumstances and no prior misconduct. However, the Labour Appellate Tribunal overturned this decision, highlighting the critical trust involved in banking and the deliberate nature of the employee's actions. The Tribunal ruled that the dismissal was justified and the grievance petition was time barred, emphasizing the importance of trust and caution in financial transactions. Key legal references include the Industrial Relations Ordinance, 1969, and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The case illustrates the rigorous standards expected in banking roles and the implications of breaching that trust. Keywords to note include 'bank trust', 'employee misconduct', 'grievance petition', 'time barred', and 'Labour Appellate Tribunal'. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Muslim Commercial Bank Limited,
National Construction Co. Ltd.
|
| Judges |
JUSTICE SARDAR MUHAMMAD RAZA
|
| Lawyers |
Ghulam Nabi,
Muhammad Jamil
|
| Petitioners |
MUSLIM COMMERCIAL BANK LIMITED through GENERAL Manager, N. W.F.P.
|
| Respondents |
MUHAMMAD ASHFAQ ALI alias GOGGY
|
| Citations |
2001 SLD 2188 = 2001 PLC 364
|
| Other Citations |
Muhammad Ozair Qureshi v. Chairman, National Construction Co. Ltd., Karachi and others 1982 PLC 17
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25 A,
37(3),
S.O.15(3)
|