| Case ID |
428ff9b5-e115-43c7-8bd6-e369a2bdccc7 |
| Body |
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| Case Number |
KAR-28 of 1993 |
| Decision Date |
Feb 21, 1993 |
| Hearing Date |
Feb 21, 1993 |
| Decision |
The Labour Appellate Tribunal dismissed the appeal of the appellant, who was an Accountant at Muslim Commercial Bank. The case involved a domestic enquiry and subsequent dismissal due to alleged fraud. The Tribunal found that the pendency of a criminal case did not prevent the domestic enquiry from proceeding. The appellant's grievance notice was deemed ineffective as it was filed significantly after the dismissal, violating the stipulated timeline under the Industrial Relations Ordinance. The Tribunal ruled that the two proceedings were separate and independent, leading to the dismissal of the appeal. |
| Summary |
This case revolves around the dismissal of an employee from Muslim Commercial Bank following a domestic enquiry related to alleged fraud. The appellant's case was complicated by a concurrent criminal case, which eventually led to his acquittal. However, the Labour Appellate Tribunal ruled that the criminal proceedings did not inhibit the domestic enquiry. This case highlights the legal principles surrounding industrial disputes and grievance notices under the Industrial Relations Ordinance. The Tribunal emphasized that the law does not allow for multiple grievance notices or causes of action, ultimately leading to the dismissal of the appeal due to the significant delay in filing the second grievance notice. This case serves as a significant reference for understanding the separation of domestic and criminal proceedings in employment disputes and the importance of adhering to legal timelines for grievance notices. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Muslim Commercial Bank
|
| Judges |
AGHA ALI HYDER
|
| Lawyers |
M.M. Jeelani
|
| Petitioners |
NASIM AHMED
|
| Respondents |
MUSLIM COMMERCIAL BANK LTD., KARACHI
|
| Citations |
1993 SLD 1358,
1993 PLC 509
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A
|