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

Section: 38

West Pakistan Industrial Disputes Ordinance (IV of 1968)------- ----S. 38 - Industrial Court - Not an appellate Court over findings of domestic enquiry - Court justified to examine evidence and conclusions of domestic enquiry if prejudice on part of Enquiry Officer established-Mere allegation of accused worker Not sufficient to conclude that Enquiry Officer was prejudiced Failure of Enquiry Officer to send for a document from Management a copy of which was also in possession of accused worker, and he could easily produce it Cannot amount to prejudice on part of Enquiry Officer -Mere fact that Enquiry Officer was lower in status than that of officer making complaint and appearing to establish charge before domestic enquiry-No ground for holding that Enquiry Officer was prejudiced against accused worker-Court, in absence of any proof of prejudice or malice on part of Enquiry Officer, held, could not examine conclusion arrived at in domestic enquiry. Date of hearing: 28th July 1970.   ORDER This is an appeal against an award dated the 7th April 1970, whereby the learned Chairman of the Second West Pakistan Labour Court, Karachi, accepted the respondent's application under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 hereinafter called the Ordinance: acid ordered his re-instatement with retrospective effect. The facts giving rise to the present appeal briefly put are these. The respondent was employed as a Conductor in G. T. S., Sukkur and while on duty on 23rd December 1968, his bus was checked by Mr. Arz Muhammad Abro, A. T. M., Sukkur about 3 miles from Jacobabad towards Jhat Pat. Mr. Abro found 21 passengers on the bus out of whom 18 passengers were travelling without tickets but that the respondent had not realised fare from any one of them. Mr. Abro wanted to issue tickets to the passengers from the R. P. T. book but the respon dent did not allow him to do so. Moreover, Mr. Abro stated that he could not issue tickets as the place where the bus stopped he apprehended foul play from outlaws. He, therefore, allowed the respondent to go away. On the report of Mr. Abro an enquiry was instituted by the District Manager and Mr. Mumtaz…