DECISION ' This is an appeal against the order of learned Presiding Officer Sindh Labour Court No, VII at Sukkur whereby he allowed the grievance petition of the respondent.
2. Admittedly the respondent is a workman employed by National Bank of Pakistan. He was charge-sheeted for misappropriation and after domestic enquiry, he was dismissed from service.
After serving the grievance notice upon the appellants, the respondent filed the grievance petition.
3. Admittedly the respondent was charge-sheeted under National Bank of Pakistan Staff Service Rules, 1980 and was dismissed under the said Rules from service. In the case of N.B.P. v S.L.A.T. 1990 PLC 197, the learned Division Bench of the Sindh High Court Karachi had held that the Staff Rules of 1980 are not statutory Rules and they do not override the National Bank of Pakistan I (Service Rules)
1978, which are - Statutory Rules and were framed under the National Bank of Pakistan Ordinance, 194.9. Their Lordships have further held that disciplinary action initiated under the N.B.P. Staff Service Rules, 1980 and issuance of the charge-sheet alongwith all subsequent proceedings would be without lawful authority. This ruling has been followed by this Tribunal in a number of cases. In the instant case also, as pointed above, the respondent was charge-sheeted and dismissed under the 1980 Staff Rules which proceedings, as held by their Lordships in the above case, are without lawful authority and ab initio void. I do not find any reason to deviate from the consistent view of this Tribunal with this regard. I, therefore, dismiss the appeal in limine.