Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- -- S. 25-A-Re-instatement-Driver and cleaner of Government Transport Service jointly charge-sheeted for alleged misappropriation of amount realised from sale of tickets-Charges having allegedly proved Cleaner awarded punishment of dismissal from service and Driver awarded punishment of stoppage of one increment-Besides discri­minatory treatment meted out to Cleaner---Enquiry proceedings also found to be defective-Order of Junior Labour Court refusing re-instatement of Cleaner set aside. Abdul Sattar for Appellant. Hamiduddin. Asstt. Traffic Manager for Respondent. DECISION An appeal has been filed by Muhammad Rafiq Ex-Traffic Cleaner, against the order of the learned Junior Labour Court, Multan, dated 17th January 1975 dismissing his application for re-instatement in service of Government Transport Service, Multan, hereinafter mentioned as respondent-Management. It is alleged against the appellant that he issued tickets to the passengers of Bus No. 6166 on 5th April, 1972 and was found to have misappropriated a sum of Rs. 34.75 out of the cash realised from the sale of the tickets. This misappropriation was attributed to his conduct while performing his duties as Cleaner. The appellant was charge-sheeted against the said allegation alongwith the Driver Muhammad Amin who drove the said bus at the time of the checking. A regular enquiry against the appellant and the driver resulted in the dismissal of the appellant and stoppage of one increment of the driver,-vide order dated 17th May, 1972 passed by the District Manager, Government Transport Service, Multan. It has been urged on behalf of the appellant that no statement was recorded of any passenger of the bus during the enquiry proceedings in support of the allegation against the appellant and the latter merely acted under the instructions of the driver who was primarily responsible for issuing the tickets to the passengers and that the appellant was not at all duty bound to issue tickets in the capacity of a cleaner who is ordinarily supposed to be an illiterate person. It is further contended that the statements of the witnesses recorded in the enquiry were…

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