DECISION This appeal arises from decision of the Sixth Sind Labour Court, Hyderabad reinstating the respondent in service with all back benefits.
2. Respondent Nazir Khan was employed as Chowkidar Habib Bank Branch, Hyderabad since 15-10- 1991. The respondent was alleged to have removed certain spare-parts of the machinery from premises of Textile Corporation of Pakistan where he was posted as godown Chowkidar. The spare-parts stolen by him were concealed near Kali Mori, Hyderabad. The information leaked out and the Bank recovered the stolen machinery parts on the Plantation of the respondent Chowkidar.
The respondent admitted his guilt in writing. He apologized and promised not to repeat such acts in future. Still he was served with the show-cause notice and enquiry was held against him. He was found guilty and he was served with the second show---cause notice and dismissed from service.
3. The learned Presiding Officer of the Labour Court felt that the domestic enquiry was not conducted in a proper manner and the norms of natural justice appeared to have been violated.
The order of dismissal of the Chowkidar was, therefore, set aside and he was ordered to be reinstated with all the back benefits.
4. The respondent Chowkidar had admitted the theft, produced the stolen articles and made a confession. In fact in such cases the enquiry is usually superfluous. It is not understood what norms of natural justice have been violated. A Bank is not supposed to retain a person as Chowkidar after the person had been caught red-handed and he has signed his confession. Mere defects if any in the domestic enquiry cannot be said to have vitiated the enquiry. The respondent has not even at this stage denied that he had signed the confession. He was fully associated with the domestic enquiry.
5. The order of the lower Court is, therefore, set aside and the appeal of the Habib Bank is allowed.
The amount if any deposited by the Bank as back benefits may be refunded to the appellant Bank after thirty days.