Legal Case Summary

Case Details
Case ID 0958fc83-70b5-49ce-9552-30f6d937df67
Body View case body.
Case Number QSA-146 of 1983
Decision Date Oct 20, 1983
Hearing Date Oct 18, 1983
Decision The appeal was accepted, and the appellant was reinstated in service. The appeal arose from a decision made on February 27, 1983, by the learned Presiding Officer of Punjab Labour Court No. 3, Lahore. The appellant, a bank cashier, was charged with misappropriation of Rs. 1,000 and faced dismissal due to non-submission of a reply to the charge-sheet. However, the court found that the charge-sheets were issued by an incompetent authority, and the failure to provide a copy of the enquiry report caused great prejudice to the appellant. The dismissal was deemed unsustainable, and the appellant was directed to be reinstated without back benefits, except for future increments.
Summary This case involves an industrial dispute regarding the dismissal of a bank employee, who was charged with misappropriation of funds and failure to respond to a charge-sheet. The Labour Appellate Tribunal found that the dismissal was not justified due to procedural irregularities, including the lack of a valid authority issuing the charge-sheets and the failure to provide a copy of the enquiry report. The ruling emphasizes the importance of due process in disciplinary actions within the workplace, highlighting that non-submission of a reply does not inherently constitute misconduct. The decision reinstated the appellant and underscored the necessity for fair treatment and procedural compliance in employment disputes. Keywords: industrial dispute, dismissal, procedural fairness, workplace rights.
Court Labour Appellate Tribunal, Punjab
Entities Involved Not available
Judges Sardar Muhammad Abdul Ghafoor Khan Lodhi, Khalid Mahmood
Lawyers Mian Mahmood Hussain, Saeed-ur-Rehman
Petitioners Not available
Respondents Allied Bank of Pakistan
Citations 1984 SLD 1460, 1984 PLC 830
Other Citations 1981 PLC 984
Laws Involved Not available
Sections Not available