' The appeal captioned above arises from the decision, dated 4-1-1984 recorded by the learned Presiding Officer, Punjab Labour Court No,3, Lahore at Ferozewala, dismissing the grievance petition of the appellant for his re-instatement in service. Cross-objection have been brought on behalf of the respondent, which are being disposed of alongwith the appeal.
2. The appellant was a gunman/chowkidar in the respondent bank. He was dismissed on the charge of removing ten currency notes per packet from three packets of the denomination of Re.1 while stitching them. According to the evidence, complaints were received that the packets of currency notes sent by the respondent bank were found to be deficit. Since the work of stitching the notes was being taken from the appellant, so he was watched quietly and he was seen removing the notes. He was, therefore, trapped by being entrusted counted currency notes of the denomination of Re.1 for being stitched together. He was actually seen by P.Ws. 1 and 2, examined in the enquiry, removing ten currency notes from three packets each. The packets stitched by him were counted and ten currency notes were found missing from each of the three packets. The witnesses examined in the enquiry proved the case. No defect or illegality has been pointed out by the learned counsel for the appellant in the enquiry proceedings.
3. It has been argued that the dismissal order was passed by a different authority than the one who had issued charge-sheet, enquiry notice and second show-cause notice, but this is wrong. The dismissal order as well as the other documents were signed by the Zonal Chief. It has not been shown by the learned counsel for the appellant that the Zonal Chief was not competent to charge- sheet, appoint Enquiry Officer, issue second show-cause notice and dismiss a class-III employee.
The objection is, therefore, overruled.
4. It has been argued by the learned counsel for the respondent that Wage Commission Award being the Award of the Commission was not enforceable under section 25-A. The argument is misconceived. Section 38-D of the Industrial Relations Ordinance, 1969 says that all the provisions of the Ordinance would apply to such an award. Section 25-A being a provision of Industrial Relations Ordinance, 1969 is applicable and on the strength of a right guaranteed by such an award a petition under section 25-A is maintainable.
5. This argument is also devoid of force that the appellant being a dismissed person is not a workman under the Industrial Relations Ordinance, 1969. The words 'is employed' occurring in section 2(xxviii) of the Industrial Relations Ordinance, 1969 do not mean that only those persons are workmen who are in service. Not only in section 2(xxviii) of the Industrial Relations Ordinance, 1969 but in other laws also while defining an employee present tense has been used, such as section 2(i) of the Standing Orders Ordinance, 1968, section 2 of the Civil Servants Act, 1974 (Provincial), section 2 of the Civil Servants Act, 1973 (Central), section 2(n) of the Workmen's Compensation Act, section 2 of the Factories Act, section 3(4) and section 148 of the Railways Act etc. If the words 'is employed' are interpreted to mean that only those persons can seek remedy who are in service, then dismissed and terminated persons would have no remedy under any law. If this had been the intention of the Legislature then there was no need of promulgating special laws like Industrial Relations Ordinance, 1969, the Standing Orders Ordinance, 1968, Factories Act and Civil Servants Act etc. Because remedy by way of claiming damages was already available under the ordinary civil law.
6. The last argument is that without availing of departmental remedy, petition under section 25-A of the Industrial Relations Ordinance, 1969 was not maintainable. Paras. 9 to 12 of the Wage Commission Award do not say so. Remedy by way of departmental appeal is available but it is not necessary to avail of it.
7. As a result of the observations made above, the appeal as well as the cross-objections having no force, are dismissed.