HABIB BANK LIMITED vs MEHBOOB RABBANI R — 2023 PLC(CS) 891 SUPREME-COURT

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HABIB BANK LIMITED VS MEHBOOB RABBANI R.39---Contract Act (IX of 1872), S. 73---Bank employee---Wrongful dismissal---Suit for damages---Breach of employment contract by employer---Employee denied the right of an opportunity to defend himself and discriminated against---Compensation, award of---Financial and economic loss naturally arising out of the wrongful dismissal---In the present case when the Respondent-employee was dismissed from service, it would have been difficult for him to be employed again owing to the fact that a dismissal from service on his record would have had the effect of either barring him from further employment or making it considerably more difficult for him to be employed again---Such blot on his service permanently marked the Respondent for the rest of his life and was only washed away when the Respondent passed away---Had the Appellant-bank treated the Respondent in a just and fair manner and conducted a fair, open and impartial inquiry giving him the opportunity to defend himself, the financial and reputational aspect of a claim in tort would have been non-existent or too remote---Dismissal from service is clearly a stigma and financial and reputational loss apart from mental torture, agony and distress are logical consequences---In the present case, owing to denial of the right to defend himself without just cause leads towards a conclusion of wrongful dismissal and financial as well as economic loss and therefore could naturally be considered to arise out of the wrongful dismissal of the Respondent by the Appellant---Since the Respondent had been wrongfully dismissed from service, the Appellant cannot be granted the premium of not being made to compensate the Respondent especially when the Appellant failed to prove that the damages the Respondent sought were too remote or did not naturally arise out of the breach of contract---Once the Respondent had proved that he had been wrongfully dismissed from service, the onus shifted on the Appellant to prove that the damages claimed by the Respondent were either too remote or did not arise out of the breach of contract---In the absence of anything to the contrary, the Respondent was entitled to such damages that in the opinion of the Court, considering the facts and circumstances of the case, arose directly out of the breach of contract as well as all damages claimed for wrongful dismissal from service---Appeal was dismissed.

HABIB BANK LIMITED vs MEHBOOB RABBANI R — 2023 PLC(CS) 891 SUPREME-COURT

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