Case Details

Citation(s)
1970 SLG 3001 1970 SLD 3001 = 1970 PLC 427
Election Tribunal, Pakistan
Appeal No. HYD-55 of 1970, heard on 28th March 1970:
Presented By: Inamullah Khan Appellate Tribunal  
Wasiullah Qureshi for Appellant. Mahboob Rizvi for
Respondent No. 1.

SHAHANSHAH HUSAIN                          

VERSUS

THE DISTRICT MANAGER, GOVERNMENT             TRANSPORT SERVICE, HYDERABAD AND ANOTHER  

Law:

Section:

  West Pakistan Industrial Disputes Ordinance (IV of 1968) ---S. 37(2)-Permission for dismissal of workman-Industrial Court, on basis of evidence, coming to conclusion that domestic enquiry was fair and impartial - No suggestion of false implication or enmity on part of witnesses against accused work a sport man--Industrial Court, in circumstances, held, had good reasons for granting permission for dismissal. Date of hearing: 28th March 1970. ORDER This is an appeal against an order of the learned Chairman of the First West Pakistan Labour Court; Karachi, dated the 3rd of February 1970, whereby the learned Chairman granted permission to the respondent under section 37(2) of the West Pakistan Industrial Disputes Ordinance; 1968, to dismiss the appellant from service. The facts giving rise to the appeal briefly put are these. 2. The appellant was a Conductor on the Lower Deck of a Double Decker Bus on 28th November 1968. The bus was running from Latifabad to Station. A Checking Party consisting of Messrs Syed Ahmad Rizvi and Rashid Ahmad boarded the bus at the Tonga Stand and found on enquiry that about 50 passengers on the Lower Deck were without tickets, though the fare had been realised by the Conductor. The Conductor was asked to hand over the Ticket Book and Way Bill. He refused to hand-over these documents and became rude and 4iscourtuoyas to the Checking Party. The appellant was charge sheeted for having committed dishonest act and for disorderly behaviour towards the Checking Party. On enquiry by Mr. Muhammad Ilyas, he was found guilty. The District Manager, after hearing the appellant, applied to the Labour Court for permission to dismiss him from service. 3. The defence of the appellant all through was that his bus was not checked and that he had been falsely involved because of some quarrel that had taken place with the Checking Party previous to the date when his bus was said to have been checked. 4. The learned Chairman recorded the statements of Mr. Rashid Ahmed, Mr. Muhammad Ilyas and Syed Ahmad Rizvi. On the other hand, the appellant examined himself. Mr. Muhammad Ilyas produced the enquiry papers together with his report. 5. Before I deal…
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