Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A-Dismissal-[Road Transport Board case]-Employee (Bus conductor) found in possession of sum in excess of permissible amount-Conductors under instructions of employers debarred to carry more than Re. 1 on their persons-Instructions also contain­ing warning against disciplinary action and forfeiture of amount in case of breach of above direction-Held : No defence available to employee in face of such instructions-Employer under no liability to satisfy Labour Court as to amount in excess being illegally earned-Employee, on other hand, under duty to explain excess. (b) Industrial Relations Ordinance (XXIII of 1969)- --S.25-A-Misconduct-[Road Transport Board case]-Contention that passengers disembarking being found without tickets when bus was "under stage" (meaning giving of allowance of certain distance to conductor to issue tickets) Conductor could not -be held guilty--­Bus, held, not "under stage" when passengers get down from bus. (c) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A-Scope of scrutiny of domestic inquiry by Labour Courts. The factual part of a domestic inquiry by the employer is open to scrutiny by the Labour Courts only to the limited extent indicated and if they at all undertake such a re-appraisal they should be well-advised to inform themselves of the rules, instructions and the working methods of the Establishment in order to understand the full implications and the back­ground in which such findings of fact have been recorded. To apply the abstract 'principles or standards of criminal prosecution or of a civil litigation to such proceedings in the absence of such knowledge would be doing violence to the whole infra-structure of the labour laws. Zia Mahmood Mirza for Petitioner. Farooq Ahmad Khan for Respondent No. 1. Nemo for Respondent No. 2. Date of hearing t 6th-April 1976. JUDGMENT The Punjab Road Transport Board is aggrieved by an order of the Punjab Labour Court dated 10-4.1975 affirming on appeal an order of the Junior Labour Court setting aside the dismissal of the respondent No. 1 and directing his re-instatement with full back benefits. 2. The respondent Fazal…

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