| Case ID |
f625eb5a-3cf3-4fde-99d3-4374dc2d8829 |
| Body |
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| Case Number |
FD-214 of 1983 |
| Decision Date |
Mar 21, 1984 |
| Hearing Date |
Mar 13, 1984 |
| Decision |
The appeal was accepted, setting aside the previous decision of the Labour Court. The Appellate Tribunal found that the termination of the appellant's services was not justified as the bank had no arbitrary powers to terminate employees without providing reasons. The appellant was reinstated with back benefits, as the management had not properly substantiated the reasons for termination and the position remained available. |
| Summary |
This case revolves around the termination of a bank employee's services and the implications of the First Wage Commission Award regarding employee rights. The Labour Appellate Tribunal ruled that the bank's termination of the messenger's employment was unjustified as they failed to provide adequate reasons for the termination. The Tribunal emphasized that banks do not have arbitrary powers to dismiss employees without justification. The case underscores the importance of following proper procedures and the necessity of providing reasons for termination, particularly after an employee has completed their probation period. The ruling reinforces employee rights in Pakistan's banking sector, ensuring that terminations are based on valid grounds and that employees are treated fairly. The decision also highlights the legal framework provided by the Industrial Relations Ordinance, which is crucial for safeguarding workers' rights. This case is significant for both employees and employers within the banking industry, serving as a precedent for future employment disputes. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Muslim Commercial Bank Ltd.
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Muhammad Rafique
|
| Lawyers |
Munawar Ahmad Javed,
Irshad Ali Mian
|
| Petitioners |
Muhammad Rafiq
|
| Respondents |
Muslim Commercial Bank Ltd., Faisalabad
|
| Citations |
1985 SLD 1577 = 1985 PLC 119
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38 (3)
|