Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 37

West Pakistan Industrial Disputes Ordinance (IV of 1968) S. 37'-labour Court not a Court of appeal over, findings of domestic enquiry-[Road Transport case]-Conductor, an office bearer       of workers' Union, charge-sheeted for misconduct-No suggestion of victimisation due to Union activities Domestic enquiry being fair and impartial--Contention that statements on behalf of Management before Enquiry Officer contained contradict rejected--Permission for dismissal granted by Labour Court upheld. Date of hearing: 30th April 19.70.   ORDER This is an appeal against an order of the learned Chairman of the First West Pakistan Labour Court, Karachi, dated, the 7th February 1970. The impugned order was passed on an application under section 37(2) of the West Pakistan Industrial Dispute Ordinance, 1968 (hereinafter called the repealed Ordi nance), whereby the learned Court granted the permission to dismiss the appellant from service. The appellant was charge-sheeted for misconduct inasmuch as on checking the bus it was found that 10 passengers were travelling without tickets cut of whom the appellant 'Conductor had realised fare from 4 of the passengers. On enquiry the appellant was found guilty of the misconduct. The District Manager after hearing the appellant and perusing the enquiry report made on application under section 37 of the repealed Ordinance, for permission of the Court to dismiss the appellant, as he was an Office-bearer of the G. T. S. Labour Union. The learned Court came to the conclusion that a prima facie case had been made out against the appellant- for misconduct and granted the permission sought for.…