| Case ID |
451e788c-92ab-486f-b16a-62e7d0c8c90e |
| Body |
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| Case Number |
141 of 1978 |
| Decision Date |
May 03, 1979 |
| Hearing Date |
Oct 09, 1978 |
| Decision |
The Labour Appellate Tribunal ruled that Muhammad Riaz Khattak, a former cashier at United Bank Ltd., was guilty of misconduct for handing over cash to his Branch Manager without proper authority and in violation of bank rules. However, considering the nature of his duties and his subordinate position, the Tribunal altered the penalty from dismissal to termination of service, allowing for the possibility of mitigating circumstances. The Tribunal emphasized that while the misconduct was established, the harshest penalty was not warranted due to the petitioner acting under the orders of his superior. |
| Summary |
In the case of Muhammad Riaz Khattak vs. United Bank Ltd., the petitioner challenged his dismissal on grounds of misconduct under the Industrial Relations Ordinance, 1969. The case revolved around allegations that the petitioner had handed over a significant amount of cash to his Branch Manager without proper authorization, leading to the embezzlement of funds. The Tribunal found that while Khattak had acted without proper authority, his actions were carried out under the instructions of his manager and did not constitute collusion in the fraud. The Tribunal ultimately decided to reduce the penalty to termination of service instead of dismissal, taking into account the petitioner's youth and the circumstances surrounding the case. This decision reflects the Tribunal's consideration of both the seriousness of the misconduct and the context in which it occurred, highlighting the importance of fair treatment in employment disputes. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
United Bank Ltd.
|
| Judges |
Qazi Hamid-Ud-Din,
Muhammad Riaz Khattak
|
| Lawyers |
Abdur Latif Afridi,
Nisar Ahmad Khan
|
| Petitioners |
Muhammad Riaz Khattak
|
| Respondents |
United Bank Ltd., Kohat
|
| Citations |
1983 SLD 1391,
1983 PLC 255
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25
|