Law:

Section:

(a) Industrial dispute- ----Disciplinary action-Employer at time of proposed discip­linary action and not at time of commission of alleged misconduct competent to take action-Employee of Punjab Road Transport Board on re-organisation transferred on same terms and conditions of service to Punjab Urban Transport Corporation-Prior to transfer employee facing disciplinary proceedings on account of mis­conduct committed long before such transfer-Proceedings finalized and penalty imposed by competent authority of Punjab Urban Transport Corporation, in circumstances, held, valid-[Fajjar Ali's case 1979 P L C 33 0woted from]. Fajjar Ali's case 1979 P L C 33 dissented from. (b) Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A--Grievance notice-Bus Conductor -- Appointing and punishing authority: District Manager-Notice addressed to Punjab Urban Transport Corporation through Managing Director--Not a valid notice-Proper authority for notice: District Manager and not Managing Director. Muhammad Zaman Qureshi for Appellant. A. Q. M. Shafiq-ul-Islam for Respondent. JUDGMENT Muhammad Yousaf, appellant, was employed as a conductor in 1975 in Ichhra Depot, Lahore under the Punjab Road Transport Board. On 16-6-1976 while his bus was plying between Lahore and Kasur route, his bus was checked and the following two out of six irregularities were detected :-- (a) He had received fare amounting to Rs. 1.35 from two passengers but he had not issued tickets to them with the dishonest intention to misappropriate this amount. (b) He had an excess cash of Rs. 12.60 with him. Form TT40 was issued to him on the spot. He denied the allegations. A charge-sheet was issued to him on 21-6-1976. The appellant did not furnish his explanation till April, 1977. During this period as a result of an agreement between the P. U. T. C. and the P. R. T. B., the appellant alongwith many others stood transferred to P. U. T. C. on the same terms and conditions of service with effect from 1-2-1977. His explanation was found unsatisfactory and an enquiry was instituted against him. The Enquiry Officer vide enquiry report dated 13-6-1977 (Exh. D-11) found the appellant guilty. After final show cause,…

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