' On 22-12-2003 the appellant filed a grievance petition under section 46 of the I.R.O., 2002. In the petition, it was stated that while employed as a Driver with the respondent-Bank a case under section 302 P.P.C. Was registered against him at P.S. Kalar Kehar, District Chakwal vide F.I.R. No,159 of 1999 dated 8-8-1999. He was arrested on 17-8-1999. He was convicted by a learned ASJ, Chakwal, on 15-7-2000, and sentenced to life imprisonment. Criminal Appeal No,296 of 2000 was allowed by this Court and he was acquitted on 8-5-2002. He was released from Adiala Jail, Rawalpindi, on 17- 5-2002. In the meanwhile his services were terminated by the respondent on 28-11-2000. He preferred an appeal against the said order in the departmental hierarchy on 21-12-2000. It, however, remained pending. After his release, he went to the Bank and inquired about his appeal, he was advised to send a reminder which was sent on 29-5-2003. However, no decision was communicated. At the relevant time, the Bank was owned by the Government and he filed an appeal in the Service Tribunal on 19-9-2002. The appeal was returned on 1-11-2003 with the observation that the appropriate forum be approached. I may note here that this must have been done as the respondent-Bank was privatized later. Thereafter, he served a grievance notice on 25- 11-2003 but is was not redressed and the petition was accordingly filed. The setting aside of the termination order was sought primarily on compassionate grounds with an abrupt statement that some ulterior motive was involved. Reinstatement in service was prayed for. In its reply, the plea taken was that the Bank waited till the decision of the trial Court and even sanctioned special leave. However, after the conviction, since the post could not be kept vacant, the services were terminated in terms of Standing Order No,15(3) of the West Pakistan Industrial and Commercial Employment (Standing Order) Ordinance, 1968. The learned Labour Court recorded evidence of the parties, Vide judgment dated 28-9-2004 the grievance petition was dismissed.
2. Learned counsel for the appellant contends with reference to the case of Allied Bank of Pakistan Ltd. Through Attorney v. Munir Ahmed (2001 PLC 653) that the services were terminated for misconduct i.e, absence without leave and this having been done without following the procedure prescribed in Standing Order No,15(5), the termination order was liable to be set aside. Learned counsel for the respondents, on the other hand, contends that the services were not terminated on the ground of misconduct. On the other hand, the Bank granted special leave during the course of trial. It was only when he was convicted that the matter was considered by the employer and since post could not be kept vacant indefinitely, services were terminated strictly in accordance with the Standing Order 15(3).
3. I have gone through the records of the case. The facts have already been stated in detail above.
Now the termination order is Exh. P.1. It is dated 28-11-2000. It informs the appellant that the post of the driver cannot be kept vacant indefinitely and it has been decided to terminate the services (simpliciter). It was further stated that in addition to his normal legal dues, he shall be entitled to one month's substantive pay in lieu of period of notice.
4. To my mind, in the said circumstances of the case, it cannot be said at all that the Standing Order 15(3) could not be invoked by the respondents. Needless to state that no mala fides have been proved.
5. So far as the judgment being relied upon by the learned counsel is concerned, I find that the learned Chairman of the Sindh Labour Appellate Tribunal found that the services were terminated for misconduct after refusing the leave application of the employee and consequently it was held that the procedure in Standing Order 15(5) had to be followed. Nothing turns in favour of the appellant on the basis of the said judgment. The FAO is accordingly dismissed. No orders as to costs.
6. The records of the learned Labour Court be remitted back immediately.