Federal labour court reinstated services of an employee of Habib Bank Limited who was dismissed from the bank illegally under charges of misconduct when he was falsely implicated in a criminal case.
Advocate Umer Gilani has invoked the jurisdiction of National Industrial Relation Commission (NIRC) Islamabad on behalf of his client Syed Arif Bacha, a cashier of the bank in Swabi, who was falsely implicated in a murder charge on July 01,2014 whereas the main target of the First Information Report was brother of the appellant.
Trial court has exonerated Syed Arif Bacha and he was released from jail on June 21,2019. The court acquitted Bacha on the basis of a compromise between the parties. Soon after his acquittal, Bacha sent a grievance notice to the HBL which failed to provide any relief. Finally, he filed a grievance petition on 21st August 21, 2021 before the NIRC Bench in Peshawar in the matter. However, the single-member bench of the NIRC Peshawar dismissed the petition.
Consequently, Advocate Umer Gilani challenged the NIRC single-member bench decision before three-member bench of the NIRC Islamabad saying Bacha was wrongfully terminated in circumstances which reflect nothing but cruel treatment and unfair labour practices.
Appearing before the three-member bench comprising Noor Zaman, Mukhtar and Abdul Qayum Khan in the matter, Advocate Gilani submitted that from July 02,2014, since his client was in confinement, an inquiry officer of the HBL framed two charges against Syed Arif Bacha that he had committed misconduct by continued unauthorized absence for more than 10 days. He further informed the bench the Bank alleged that Bacha was causing a reputational risk to the Bank due to his involvement in the case. Advocate Umer Gilani further submitted that in result of the inquiry his client employment was dismissed on the basis of both the charges on July 30, 2015.
After hearing arguments of the counsel in the matter, member of the NIRC Noor Zaman authored the verdict saying, “When Bacha was in custody and beyond his control, how could he attend office and how can it be said unauthorized absence. Conducting departmental enquiry in such situation is just formality and nothing else”.
The bench said in its order, ” In view of the facts and law position the appeal is allowed, however, as the appellant has not performed duties of the Bank due to imprisonment in criminal case and not due to any action of the bank, therefore, he is allowed back benefits from the date of grievance notice and not from the date of dismissal”. It has been sated in the order that period from the date of dismissal to date of grievance notice by Bacha to be treated as leave due.
