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Petitioner: SHAKEELUDDIN VS Respondent: HABIB BANK LIMITED, KARACHI through its Provincial Chief
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title: SHAKEELUDDIN vs HABIB BANK LIMITED, KARACHI through its Provincial Chief Case No.: Appeal No, HYD-405 of 1994 Date of Judgment:1994-12-07 Reported As: 1995 PLC 166 Result: Appeal dismissed
Judgment DECISION ' In this appeal the suspension order of applicant Shakeeluddin by his employer Bank, maintained by the Labour Court has been challenged. The appellant was a Grade-III Officer in the Habib Bank Limited. Police arrested him in a bank robbery case and he was suspended by the respondent- Bank. After his release on bail he was temporarily allowed to work but shortly afterwards he was again suspended pending decision by the Court of Law. Mr.Fasahat Hussain Rizvi, learned Advocate for Shakeeluddin has argued that the suspension by the Bank without a charge-sheet was bad and that a Bank Officer is a workman under the Standing Orders Ordinance and he should, therefore, be reinstated and given all the benefits. The learned counsel for the appellant has not been able to produce any authority that an officer in the Bank comes under the definition of workman doing manual or clerical work. In I my opinion Bank Officer cannot be designated as a workman. As regards the order of suspension there are authorities to show that an appointing authority has inherent power to pass Interim Order of suspension. Mere fact that the order of suspension was temporarily withdrawn cannot vitiate the subsequent order of suspension for a second time. Suspension is not a penalty which cannot be awarded in the absence of a charge- sheet. 2. The order of the learned Labour Court is, therefore, maintained and the appeal is summarily dismissed.