| Case ID |
eb949a17-882f-4fdd-8249-6ed0b9231aaf |
| Body |
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| Case Number |
Civil Appeal No. 171 of 1994 |
| Decision Date |
Dec 04, 1995 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the dismissal of respondent No. 3 from service was found illegal due to non-compliance with the procedure prescribed under paragraph 258(5) of the Wage Commission Award. The court noted that the employee was not given an opportunity to defend himself against the findings of the Enquiry Officer, which is a violation of the principles of natural justice. The proper course would have been to allow the appellants to proceed against the respondent afresh in accordance with the rules, but since the criminal case initiated against the respondent had already ended in acquittal, no useful purpose would be served by keeping the matter open. The court emphasized that proper procedure must be followed in disciplinary actions to ensure fairness and justice. |
| Summary |
This case revolves around the dismissal of an employee from the National Bank of Pakistan, which was challenged on the grounds of procedural irregularities under the Industrial Relations Ordinance (I.R.O.), 1969, and the Wage Commission Award. The Supreme Court of Pakistan examined whether the employee was afforded adequate opportunity to defend himself against the charges and whether the procedural requirements were met during the inquiry. The court highlighted the importance of following due process in disciplinary actions, emphasizing that an employee must be allowed to respond to adverse findings before any punitive measures are taken. This case underscores the critical balance between employer rights and employee protections within the framework of labor law, reflecting ongoing concerns about fairness in workplace disciplinary processes. The ruling ultimately reinforces the necessity for transparency and adherence to established procedures in employment-related disputes, making it a significant reference point for similar cases in labor law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan,
Punjab Labour Appellate Tribunal
|
| Judges |
Saidozzaman Siddiqui,
Muhammad Bashir Khan Jehungiri
|
| Lawyers |
Javed Altaf, Advocate Supreme Court,
Samad Mahmood, Advocate Supreme Court,
Imtiaz M. Khan, Advocate-on-Record No. 3
|
| Petitioners |
Zonal Head, National Bank of Pakistan, Faisalabad
|
| Respondents |
Respondent No. 3,
Punjab Labour Appellate Tribunal, Lahore
|
| Citations |
1996 SLD 229,
1996 PLD 200
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
25-A,
Art.185(3)
|