Law:

Section:

(a) Industrial dispute Misconduct -"Habitual negligence of worker"-Applicant (Conductor G. T. S.) charge-sheeted for negli gence (not issuing tickets to passengers)- Management pleading fact of earlier punishments inflicted up in applicant for neglect of work of similar nature -No such reference male in charge-sheet nor any question thereon put to applicant during domestic enquiry Previous punishments, in circumstances, held, could not be taken into consideration or prove habitual negligence of worker amounting to misconduct-Applicant, in circumstances, held, could be considered guilty of one solitary charge of negligence which could not amount to habitual neglect of work - Punish new if termination of service, on charge of misconduct, in circumstances, held not proper - Road Transport Workers Ordinance, 1961, S. 7(1). 1963 P L C 1021; 1970 P L C 198 and 1969 P L C 517 rel. (b) Industrial dispute Re-instatement - Payment of back wages-Delay in adjudication of case occurring due to frequent changes of Chairman, Industrial Court-Employer in circumstances, held, should not be burdened-Period intervening treated as leave without pay with continuity of service. AWARD SHAFFI MUHAMMAD R. AKHUND (CHAIRMAN).-In this application under section 38 of the West Pakistan Industrial Disputos Ordinance, 1968, the applicant seeks re-instatement in service with full pay and back benefits. The applicant was a conductor in the Government Roads Transport Service at Hyderabad. On 25th March 1963, while he was on dirty can Bus No. 2317 on Karachi- Hyderabad road his bus was checked by the checking party and it was found that there were 16 passengers travelling in the bus without tickets. A report was made and the applicant was charge-sheeted and an enquiry was instituted against him, as the result of which, his services were. Terminated for misconduct, by the District Manager by his order dated 20th June 1968. 'The applicant's case is that the report against him was wrong and groundless and so also the charge-sheet. He had given a satisfactory reply but an incomplete enquiry was held against him and he was not given any opportunity to defend himself. There after, he…