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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
Service

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---Reinstatement in service---Scope---In exercise of powers under S.O. 12(3) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 ('the 1968 Ordinance'), where power of termination was "in simpliciter", and such order met and fulfilled the criteria given in S.O. 12(3), a workman could not be reinstated into service on the ground that charges of misconduct had not been established and that no regular inquiry was held against him---Requirement of law was limited to the extent of communication of the order in writing explicitly stating the reasons for such action---Such action could not be set aside or declared illegal simply on the ground that termination of service could only be made on proof of misconduct after issuance of a show cause notice, conducting a regular inquiry and by orders of the employer after granting him a personal hearing---Such interpretation would negate the very object and purpose of S.O. 12(3) of the 1968 Ordinance which envisaged that under certain circumstances, the employer could terminate the services of a workman "in simpliciter" by giving explicit reasons justifying such termination.

Other judgments reported in 2021 SCMR

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