ALLIED BANK LIMITED vs ZULFIQAR ALI SHAR S — 2021 SCMR 1213 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALLIED BANK LIMITED VS ZULFIQAR ALI SHAR S.O. 12(3)---Termination of employment in simpliciter---Scope---Employee convicted and sentenced for a criminal offence subsequently acquitted by the Appellate Court---Employer terminating services of employee---Whether the termination of services of such employee required the process of issuing a show cause notice, holding a regular inquiry and the passing of a proper order by the competent authority after granting him a personal hearing or, was his termination simpliciter not requiring the said process---Held, that respondent-employee was accused of an offence, an FIR was lodged against him and he was arrested and later convicted by a Court of competent jurisdiction; he remained incarcerated for more than 6 years during which time he was not available to perform services as a cashier for the appellant-Bank (employer) for which he had originally been employed---Furthermore, the respondent-employee was holding the said post at the time when he got involved in the criminal offence---Courts below misinterpreted the respondent's letter of termination as one of dismissal from service for misconduct which was not the case as was evident from the record as well as the contents of the letter of termination---Scope of inquiry of Labour Court, Labour Appellate Tribunal as well as the High Court was limited to the extent of determining whether or not the reasons given by the appellant-Bank justifying its action for termination in simpliciter were explicit, clear, enough and valid---Lower fora could not have gone on the premise that the respondent-employee had been dismissed from service for misconduct and the process for dismissal from service for misconduct namely a show cause notice, regular inquiry and order of dismissal had not been followed---Order of termination of services of the respondent-employee was in essence and for all intents and purposes, an order under S.O. 12(3) of the Industrial and Commercial Employment (Standing Order) Ordinance, 1968, hence, it was a case of termination in simpliciter---Termination of the respondent-employee was not on account of misconduct and there was neither any requirement to issue a show cause notice, a charge sheet, regular inquiry and complete the process for dismissal on the ground of misconduct---Reason of termination of respondent's services was explicitly, clearly and unambiguously communicated to him and requirements of S.O. 12(3) of the 1968 Ordinance had properly and adequately been met---Order of termination in simpliciter passed by the appellant-Bank was affirmed, restored and upheld---Appeal was allowed.

ALLIED BANK LIMITED vs ZULFIQAR ALI SHAR S — 2021 SCMR 1213 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 SCMR