Law:

Section:

(a) Industrial dispute---- -- Domestic enquiry-Second show-cause notice-Defence opportunity-Personal hearing given after 3 days of service of second show-cause notice-Defence opportunity, held sufficient-Personal hearing on same day on which second show-cause notice served--­Opportunity, held, not sufficient. (b) Industrial Relations Ordinance (XXIII of 1969)- ------S. 25-A-Scope-Jurisdiction of Labour Court-Findings of domestic inquiry not based upon any tangible evidence-Labour Court in circumstances, held, rightly set aside termination order based upon such findings. P L D 1978 S C 207 and P L D 1979 Kar. 212 rel. Azmatullah Khan, Law Officer for Appellant. Abdul Majeed for Respondents. Date of hearing : 27th May, 1979. ORDER These are 3 appeals by the District Manager, S. R. T. C., Mirpur­khas, against 3 separate orders of the learned VIth Sind Labour Court at Hyderabad, whereby it ordered the reinstatment of the respondents in the 3 appeals with back benefits. The 3 appeals have been heard together as they involved some common points and they are being -disposed of by a common order. 2. The Respondent in Appeal No. 391/78 is Muhammad Irshad Conductor. On 4th February 1977, his Bus No. KCB-1607, was checked by a Checking Party at Hatiari and it was found that there were 14 passengers in the Bus who were travelling without tickets. As it appeared that Conductor Irshad had received fare from them, but instead of issuing tickets to them, bad pocketed the amount, he was charge-sheeted and in consequence of a domestic enquiry, his services were terminated by order dated 12th April, 1977. He thereupon sub­mitted an application for re-instatment and the grant of back benefits `to the Labour Court under section 25-A of the Industrial Relations Ordinance, 1969, after serving grievance notice upon the appellant. The learned Lower Court took the view that the explanation of the respon­dent to the effect that the passengers in question had got up on the roof of the Bus without his knowledge could be true and had not been Controverted. He further held that though a second show-cause notice had been served upon this Respondent, he had not been given a fair person 1…

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