Law: Road Transport Workers Ordinance, 1961

Section: 7 (2)(i)

Law: West Pakistan Road Transport Workers Rules, 1962

Section: 6(3)

(a) Road Transport Workers Ordinance (XXVIII of 1961) S. 7 (2)(i)-Worker (conductor) charge-sheeted for not having Issued tickets to 36 passengers on a single day and dismissed for habitual negligence-Single act of omission, held, could not amount to habitual negligence. (b) West Pakistan Road Transport Workers Rules, 1962, r. 6(3) Court finding worker not guilty of charge-Worker entitled to wages which he would have been entitled to if on duty-Worker, however, applying to Labour Court after 8 months without explaining such long delay-Worker awarded back a ages but not for period not properly spent in pursuing remedy Industrial Relations Ordinance (XXIII of 1961), S. 34. Date of hearing : 13th November 1971.   DECISION This is an appeal against an award of the First Labour Court, Karachi, dated May 25, 1971, whereby the learned Court found the appellant to be not guilty of habitual neglect of work and ordered his re-instatement. The Court, however, did not award back benefits to the appellant. The facts giving rise to the appeal briefly put are these. 2. The appellant was charge-sheeted for having not issued tickets to 36 passengers, who had boarded the bus. For the omission on the part of the appellant to issue tickets to the passengers, he was charge-sheeted under Section 7(2)(i) of the Road Transport Workers Ordinance, 1961 (hereinafter called the Transport Workers Ordinance) for habitual negligence. On j the face of it, a single act of omission on the part of the appel lant could not amount to habitual negligence of work. The learned Court, however, held considering that the appellant had neglected to issue tickets that he was not entitled to back benefits. 3. Mr. Amanullah Qureshi, the learned representative for the appellant relies on rule 6 (3) of the West Pakistan Road Transport Workers Rules, 1962 (hereinafter called the Rules). The said provision of rule reads as under :----- "If the charge is proved the worker shall be deemed to have been absent from duty from the date of suspension and shall not be entitled to any remuneration for such period. If the charge is not proved, the worker shall be entitled to the same wages as he would have…