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

Case information

Citation
2021 SCMR 1213 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ALLIED BANK LIMITED vs ZULFIQAR ALI SHAR S
Subject matter
Criminal

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

Judgment text as reported

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---Question as to whether an employer was required to wait indefinitely and keep a post vacant till such time that all appellate remedies were exhausted and the employee became available to perform services against the post for which he was employed---Held, that it was unfair and unjust to expect an employer to wait indefinitely and keep a post vacant till such time that the employee had exhausted all legal remedies and in the meantime was either incarcerated or for any other reason unable or unwilling to join his duty and perform services for extended periods of time---Employer was only required to wait for a reasonable time which could vary on a case to case basis depending upon the nature of the job that the delinquent employee was performing and how long it could realistically be kept open and vacant without materially affecting the working of the employer---In the absence of mala fide on the part of the employer a reasonable period should not ordinarily exceed a period of two months during which if an employee was unable to return to work his services could be terminated simpliciter in exercise of powers under S.O. 12(3) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

Other judgments reported in 2021 SCMR

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