Case Details

Citation(s)
1970 SLG 3009 1970 SLD 3009 = 1970 PLC 451
Bar Council Tribunal, Pakistan
Appeal No. HYD.-116 of 1970, decided on 30th April 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Wasiullah Qureshi for Appellant.       Mehboob Rizvi for
Respondent.  

ABDUL JALIL

VERSUS

THE DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, HYDERABAD

Law:

Section:

Dispute --Misconduct-Neglect of work unless pt "habitual"-Does not amount to misconduct-Road Transport Workers Ordinance (XXV111 of 1961), S.7(2).       Date of hearing: 29th April 1970.                   ORDER This is an appeal against an order of the learned Chairman of the Second West Pakistan Labour Court, Karachi, dated the 2nd of February 1970 whereby the learned Court dismissed the application of the appellant under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 on the ground that there was no violation of section 37 of the Ordinance. The facts giving rise to the present appeal briefly put are these. The appellant was employed as a Conductor in Government Transport Service, Hyderabad. His bus was checked on 14th August 1968, which was running from Gari Khatta to Market Hyderabad by one Mr. Abdul Waheed, Traffic Assistant, G. T. S., Hyderabad. He found that there, were in all 24 passengers out of whom 17 passengers including 3 children were without tickets and that the appellant had realised fare from 14 adult passengers and had not issued tickets to them. Three passengers who were ticketless were children. The appellant was asked to give his statement in T. T. 40 form. He stated that he had not issued tickets to 14 passengers as they were refusing to pay for the 3 children and in the meantime, the bus reached its destination where Mr. Abdul Waheed Khan checked the bus. The distance between the place where the 17 passengers boarded the bus and the place of destination was admittedly about 3 furlongs. Mr. Wasiullah Qureshi, the learned Representative for the appellant has raised a new point that he had not urged before the learned Court. His contention in short is that the appellant could not be dismissed from service as on the finding of the Enquiry Officer no case of misconduct was made out within the meaning of section 7 of the Road Transport Workers Ordi nance. 1961. Under section 7 of the Road Transport Workers Ordinance, 1961, the services of a worker cannot be terminated without sufficient cause. The services,…
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