Law:

Section:

West Pakistan Industrial Disputes Ordinance (IV of 1968) ---S. 37 (2)-Misconduct-permission for dismissal-Facts on record indicating prima facie case of misconduct--Domestic enquiry appearing fair and impartial-Application for permission re dismiss, ire circumstances, granted.   DECISION This application is made by District Manager, Government Transport Service, Hyderabad under section 37(2) of the West Pakistan Industrial Disputes Ordinance, 1968 against Mr. Zahoor Ahmad who is a conductor in the department tinder the control of the applicant. 2. The application shows that the respondent conductor committed certain acts of misconduct which are as follows:- "On 18th February 1968 the respondent was found carrying 9 passengers without tickets having realised fares from 4 of them while on duty in G.T.S. Bus No. HD-3375 on Makli-Thatta route. The bus was checked by Mr. Muhammad Khan, Traffic Assistant .in presence of Mr. S. Ahmed Rizvi, Station Superintendent at Makli Bus Stop at 12-15 p.m." 3. Upon such report by the checking officer the respondent was charge-Sheeted by the applicant who also then ordered domestic enquiry against him as the explanation of the respondent to the charge-sheet was found unsatisfactory. A complete and fair domestic enquiry is said to have been held wherein the report of the enquiry officer was against the respondent who was found guilty by him of the alleged misconduct. The respondent was then also heard in person by the applicant second time. There after the applicant has moved the present application for permis sion to dismiss him for the above stated misconduct as certain Industrial Dispute cases bearing No. 30 of 1967 and Nos. 24 and 33 of 1968 are pending adjudication and determination before the Sind Labour Court No. 2, Karachi. 4. The respondent filed a written statement denying the allegations and the facts set out in the present application and also denied that no written reply was called for from him nor he was given any opportunity of being heard in person. According to him the applicant contemplated to dismiss him from service only to victimise him as he is an active office-bearer of the Union. 5. During the…