| Case ID |
15ab4366-50ca-4b04-94e6-e2415d6e2659 |
| Body |
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| Case Number |
Civil Appeal No. 330 of 1990 |
| Decision Date |
Dec 15, 1991 |
| Hearing Date |
Dec 03, 1991 |
| Decision |
The Supreme Court upheld the Labour Court's decision to reinstate the employee, Mohammad Ishaq, who had been dismissed for alleged misconduct. The Labour Court determined that the dismissal was not substantiated by adequate evidence, and the inquiry conducted by the Bank was found to be procedurally deficient. The Court emphasized the importance of adhering to statutory rules during disciplinary proceedings. Consequently, the appellant Bank was ordered to reinstate the employee with back benefits, while retaining the right to conduct a fresh inquiry if deemed necessary. This case underscored the legal principles surrounding employee rights, employer obligations, and the proper conduct of disciplinary procedures within the banking sector. |
| Summary |
This case revolves around the reinstatement of Mohammad Ishaq, an employee of the National Bank of Pakistan, who was dismissed on allegations of misconduct. The Labour Court found that the dismissal lacked a solid evidential basis and highlighted procedural failures in the inquiry process conducted by the Bank. The Supreme Court ultimately affirmed the Labour Court's ruling, reinforcing the necessity for employers to follow statutory regulations during disciplinary actions and ensuring protection of employee rights. The case emphasizes the importance of fair treatment in employment, particularly in the banking sector, where fiduciary responsibilities are paramount. Key terms include 'Industrial Relations Ordinance', 'employee rights', and 'disciplinary procedures'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
PUNJAB LABOUR APPELLATE TRIBUNAL,
LAHORE HIGH COURT
|
| Judges |
SHAFIUR RAHMAN,
RUSTAM S. SIDHWA
|
| Lawyers |
Not available
|
| Petitioners |
NATIONAL BANK OF PAKISTAN
|
| Respondents |
Mohammad Ishaq
|
| Citations |
1993 SLD 515 = 1993 SCMR 105
|
| Other Citations |
United Bank Limited v. Muhammad Tufail Ahmad 1987 PLC 1,
Syed Irshad Hussain v. Habib Bank 1979 PLC 543,
Vice-President, National Bank of Pakistan v: Punjab Labour Appellate Tribunal 1985 PLC 1053,
National Bank of Pakistan v. Nizamuddin Mehr 1980 PLC 1118,
Burhanuddin Shaikh v. National Bank of Pakistan 1985 CLC 2003,
Mehmood Shah v. Dawood Cotton Mills Limited 1982 PLC 365,
Islamabad Club v. Muhammad Ismail 1982 SCMR 126,
Iftikhar Ahmad v. President, National Bank of Pakistan PLD 1988 SC 53,
Trustees of Port of Karachi v. Abdul Ghani 1983 SCMR 769,
Qadeer Ahmed v. Punjab Labour Appellate Tribunal PLD 1990 SC 787
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Banks Nationalization Act, 1974,
National Bank of Pakistan (Staff) Service Rules, 1973,
National Bank of Pakistan (Staff) Service Rules, 1980
|
| Sections |
25-A,
2(viii),
38
|