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Initializing Secure Chambers
Petitioner: UNITED BANK LTD. and others VS Respondent: ABDUL KHALIQ and others
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Saad Saood Jan Title: UNITED BANK LTD. and others vs ABDUL KHALIQ and others Case No.: Civil Petition No,1331 of 1983 Date of Judgment:1988-08-10 Reported As: 1989 SCMR 1252(2) Result: Leave refused
Judgment ORDER ' SAAD SAOOD JAN, J.--The respondent was a cashier in the zonal office of the United Bank Limited at Okara. He was also running a sugar depot. He was convicted by a Summary Military Court for indulging in hoarding and was ultimately sentenced to a short term of imprisonment. Consequent upon his conviction the Bank dismissed him from service. The petitioner filed a grievance petition before the Labour Court but it was dismissed. He then filed an appeal before the Punjab Labour Appellate Tribunal. The learned Tribunal set aside the order of dismissal and directed his reinstatement on the ground that before dismissing him from service, he had not been given an opportunity to explain his position. The Bank challenged the order of the learned Tribunal in writ jurisdiction in the High Court but without any success. It now seeks leave to appeal from this Court. 2 The only grievance of the learned counsel for the Bank is that as respondent No,1 has been convicted by a Special Military Court, it is not possible to reinstate him in his former post of cashier and that the respondent is not prepared to accept any other appointment under the Bank. The respondent is present in person and he has filed a statement to the effect that he is prepared to serve the Bank as Assistant in any capacity and that he does not insist that he must be posted as cashier. In view of this undertaking there should be now no grievance to the Bank. Leave is refused.
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