' ASAD MUNIR (CHAIRMAN).--- The respondent, Shahzib Naveed, was appointed by the Appellant Bank on 1-4-2005 as a Typist and confirmed as such on 3-8-2005 on the basis of his Bachelor of Computer Science (BCS) degree dated 13-10-2001, issued by the Government Jinnah Islamia College, Sialkot. About three years later, the Appellant Bank vide its letter dated 5-9-2008 promoted the respondent as an Officer in the Management Grade 12(MG-2) with effect from 1-9- 2008. Through its letter dated 13-5-2009, the Appellant Bank sought the verification of the respondent's BCS degree dated 13-10-2001. In response, the Principal, Government Islamia College, Sialkot, vide his letter dated 18-5-2009 intimated the Appellant Bank that Government Islamia College, Sialkot, had not issued the respondent's BCS degree which was, therefore, "a fake/bogus document". Thereafter, the Appellant Bank vide letter dated 27-5-2009 terminated the services of the respondent with immediate effect on the ground that Government Jinnah Islamia College, Sialkot, had declared his BCS degree as fake. Through his letter dated 3-6-2009, the respondent complained to the Principal, Government Islamia College, Sialkot and requested him to verify his BCS degree as genuine and accordingly inform the Appellant Bank. Subsequently, vide corrigendum letter dated 6-6-2009 addressed to the Appellant Bank, the Principal, Government Islamia College, Sialkot regretted that his earlier letter dated 18-5-2009 did not reflect the actual facts and that the respondent was enrolled as a regular student in the Department of Computer Studies, Government Jinnah Islamia College, Sialkot, from 1998 to 2001 and was awarded the BCS degree by the College. Upon the verification of the respondent's BCS degree dated 13-10-2001, the respondent sought his reinstatement in service through his mercy appeal dated 19-6-2009 and grievance notice dated 28-6-2009 but the appellant-Bank did not redress the respondent's grievance. Instead, the appellant Bank vide its letter dated 11-7-2009 appointed Muhammad Jamil (MG-09) as Inspecting Officer to look into the matter. The said Inspecting Officer, after visiting the office of Principal, Government Islamia College, Sialkot, submitted Report dated 31-7-2009 wherein he confirmed that BCS degree dated 13-10-2011 was issued to the respondent and that the earlier letter dated 18-5-2009 was issued by the Principal without checking with the head of the Department of Computer Studies. However, the Report dated 31-7-2009 gave some inconclusive findings including that the BCS degree issued to the respondent was in violation of the Government of Punjab's letter dated 14-2-1998 as the said letter only authorized the educational institutions to issue certificates regarding completed computer courses as against bachelor degrees.
2. On 22-12-2009, the respondent filed a grievance petition which has been accepted by the Punjab Labour Court No,7, Gujranwala, through its judgment dated 21-8-2010 on the ground that the major penalty of dismissal from service was imposed on the respondent without conducting any inquiry.
In terms of the said judgment, the respondent has been reinstated with back benefits but the appellant Bank is "at liberty to take proper action after conducting an inquiry in a fair and transparent manner".
3. Taking exception to the legality of the learned Labour Court's judgment dated 21-8-2010, it has been contended by the learned counsel for the appellant Bank that no inquiry was needed as the respondent's BCS degree was reported to be fake by the college who had issued it and that the respondent's services were lawfully terminated in accordance with his appointment letter which provided his termination upon three months' notice or three months' gross salary in lieu thereof. On the other hand, the learned counsel for the respondent has supported the judgment for the reasons recorded therein.
4. After going through the record, I find that the services of the respondent were terminated only because the Principal, Government Jinnah Islamia College, Sialkot, through his letter dated 18-5- 2009 had refused to verify the Respondent's BCS degree and declared it as fake. However, the said letter was issued under a mistake as was acknowledged by the Principal vide his letter dated 6-6- 2009 which also confirmed that the respondent's BCS degree was genuine. This Tribunal by its order dated 28-4-2011 had also called upon the Principal, Government Islamia College, Sialkot, to appear and clarify the matter. On 15-11-201.2, Muhammad Yasin, Assistant Professor, deputed by the Principal, Government Jinnah Islamia Collage, Sialkot, was present before the Tribunal with the relevant record. While confirming that the BCS degree dated 13-10-2001 was issued to the respondent, the Assistant Professor stated that Government Jinnah Islamia Collage, Sialkot, was authorized to issue BCS degree in view of para 12 of the Punjab Government's letter dated 14-2- 1998.
5. Even the probe held by the appellant Bank's Inspecting Officer does not say that the respondent's BCS degree is not genuine but fake. No conclusive finding has been given by the Inspecting Officer who has only raised certain points not clear to him. As to whether Government Jinnah Islamia Collage, Sialkot, was authorized to issue the BCS degree is not the issue in this case. What is in issue here is whether the degree issued to the respondent was genuine or fake. After Government Jinnah Islamia College, Sialkot's confirmation that it has issued the BCS degree in question, there is a very strong presumption that the BCS degree is genuine. However, if still not satisfied, the appellant Bank has been given the option by the learned Labour Court to hold a regular inquiry in the absence of which the respondent's termination of services has been rightly held as illegal. The argument that the respondent's services have been terminated in accordance with the terms and conditions of his appointment cannot be pressed as his services were terminated with immediate effect without payment of three months' gross salary in lieu of notice. In any case, being a permanent workman, the respondent has service safeguards guaranteed by and the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which in view of its section 3 would override any contractual term or condition to the contrary.
6. For what has been stated above, there is no reason to interfere ID with the impugned judgment.
Accordingly, this appeal is dismissed for being without merit.