Law: West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, (IV of 1963)

Section: 37(2)

West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 37(2)-Permission for dismissal on account of misconduct-Facts on record proving guilt of accused worker-No suggestion of any motive on part of witnesses to falsely implicate accused worker-permission granted by Labour Court in circumstances upheld and indulgence of Labour Appellate Tribunal for production of some witnesses in support of plea of not guilty of accused worker, refused. Date of hearing: 29th March 1971.                                                                                                                            DECISION This is an appeal against an order of the learned Chairman of Sind Labour Court No. 1 Karachi, dated 1st January 1971, whereby the learned Chairman of the Court granted permission under section 37(3) of the West Pakistan Industrial Disputes Ordi nance, 1968, hereinafter called the Ordinance), to dismiss the appellant. 2. The facts giving rise to the present appeal briefly put are these. The appellant was charge-sheeted for misconduct. His bus was checked on 18th February 1968, by Mr. Muhammad Khan Traffic Assistant in the presence of Mr. Ahmad Rizvi. It was found that 9 passengers were traveling without tickets from Thatta to Makli, while the appellant had realised fare from 4 persons. The enquiry was held through Mr. Arz Muhammad Abro, who found the appellant guilty of the charge levelled against him. The appellant being an Officer of the Union, the Department was obliged to make an application under sec tion 37(2) of the Ordinance to seek the permission of the…