| Case ID |
3b5a858f-cb64-4902-9a4b-5ebe900afe0b |
| Body |
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| Case Number |
Civil Appeal No. 537 of 1994 |
| Decision Date |
Jul 03, 1998 |
| Hearing Date |
Apr 23, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the State Bank of Pakistan against the decision of the Lahore High Court, which had ordered the reinstatement of Ch. Muhammad Akhtar. The Court held that the Labour Court followed the prescribed procedures under the Efficiency and Discipline Rules and that the employee's dismissal was not justified. The Court clarified that the inquiry conducted by the Inquiry Officer was valid and that the employee was not performing functions in connection with the administration of the State, allowing him to seek remedies under the Industrial Relations Ordinance. The findings of the Labour Court were upheld, and the decision of the High Court was affirmed. |
| Summary |
In the case of State Bank of Pakistan vs. Ch. Muhammad Akhtar, the Supreme Court of Pakistan dealt with issues related to employment discipline and the rights of employees under the Industrial Relations Ordinance, 1969. The case stemmed from the dismissal of Ch. Muhammad Akhtar, an employee of the State Bank, who faced allegations of misappropriation. The inquiry process conducted by the bank was scrutinized, and it was determined that the procedures outlined in the Efficiency and Discipline Rules had been followed. The Supreme Court emphasized the importance of adhering to legal standards in employment matters and clarified the definitions of 'administration of the State' in relation to employee grievances. This case highlights the balance between institutional authority and employee rights, and serves as a significant precedent in labor law, particularly regarding the applicability of disciplinary measures in financial institutions. It is crucial for legal practitioners and employees in similar sectors to be aware of the standards set forth by this ruling, as it impacts their rights and the procedures followed in disciplinary actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
State Bank of Pakistan,
Ch. Muhammad Akhtar
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
SH. RIAZ AHMAD
|
| Lawyers |
Kh. Saeeduz Zafar, Advocate Supreme Court,
Rana Maqbool Ahmed Qadri, Advocate-on-Record,
Farooq Zawar Qureshi, Advocate Supreme Court,
S. Abul Asim Jafri, Advocate-on-Record
|
| Petitioners |
STATE BANK OF PAKISTAN, LAHORE through Chief Manager
|
| Respondents |
2 others,
Ch. MUHAMMAD AKHTAR
|
| Citations |
1998 SLD 1401,
1998 PLC 506
|
| Other Citations |
PLD 1992 SC 127,
1988 SCMR 765,
1975 PLC 361,
PLD 1988 SC 53
|
| Laws Involved |
Efficiency and Discipline (Banks and Financial Institutions) Rules, 1975,
Industrial Relations Ordinance, 1969
|
| Sections |
4,
5,
1(3)(4)
|