Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 47

Industrial Relations Ordinance (XXIII of 1969) S. 47(2) -Punishment during pendency of industrial dispute---Office-bearer of registered Trade Union charged of misconduct-Findings of fair and proper domestic enquiry proving allegations of misconduct-Accused failing to appear before Court despite issue of summons-Case decided ex parte and Management, in circumstances, granted permission to take disciplinary action under relevant rules entailing even dismissal. DECISION AGHA IMDADALLY (CHAIRMAN).-This application under section 47(2) of the Industrial Relations Ordinance, 1969 has been filed by District Manager, Government Transport Service, Hyderabad and. the respondent is Ahmad Ali, who is a Con ductor employed under the applicant District Manager in the service in his control. 2. The facts shown in the application are- that the respondent is said to be an office-bearer of the G. T. S. Employees Association (Regd.), Hyderabad and certain Industrial Disputes are pending for adjudication and determination in this Court. On 22nd February 1970 while the respondent was on duty as Conductor in G. T. S. Bus No. 6213 on Society-T. B, Sanitorium route his bus was checked at Rani Bagh by Mr. Muhammad Khan, Traffic Assistant. On such surprise checking 13 passengers were found travelling without tickets. It is further alleged that again on 24th June 1970 while the respondent was on duty as Conductor in 'G. T. S. Bus No. 6281 on Hyderabad Jamshoro route his bus was checked at A-One Hotel, Hyderabad by Mr. Abdul Waheed Khan, Traffic Assistant and on such surprise checking the following irregularities were found which, it is alleged, had constituted misconduct in the following manners (i) That in T. L. 6 the column of Re. 0.45 left blank up to A-One Hotel, Hyderabad with dishonest intention. (ii) He had not calculated the total passengers in proper column of T. L. 6. (iii) On seeing the checking-party the respondent issued 10 tickets of Re. 0-45 (paisas forty-five) given to passengers but in haste he punched these tickets in Up side of the tickets instead of Down side. 3. The- respondent was subsequently charge-sheeted in both the cases separately on such reports of his…