Law:

Section:

Industrial dispute-- --- Dismissal for misconduct-Material extraneous not mentioned in charge-sheet taken into consideration by authority passing dismissal order-Order to that extent vitiated - Bus conductor charged for non-issuance of tickets even having realised fare and also for possessing amount in excess of permissible-Both charges established in domestic enquiry - Authority passing dismissal order mentioning also that income record of accused was very poor-Order to that extent, held, vitiated hence set aside by Labour Appellate Tribunal without back benefits. Islamabad Club's case N L R 1981 Lab. I rel. Asmat Kamal for Appellant. M. Q. M. Shafiq-ul-Islam for Respondent. JUDGMENT Muhammad Nawaz, appellant was employed as conductor in P. U. T. C., Kot Lakhpat, Lahore. On 22-10-1979 his bus was checked and it was found that he had realised fare from two lady passengers but had not issued tickets to them. It was further found that he had an excess cash of Rs. 18.25, with him. Form T. T. 40 was issued to him. In his reply he denied the allegations. He was charge-sheeted but he submitted no reply to it. An Enquiry was held against him and he was found guilty by the Enquiry Officer. After final show-cause notice and giving him an opportunity of personal bearing, the appellant was dismissed from service w. e. f. 14-1-1980. After serving grievance notice he filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, before the Punjab Labour Court No. 1 Lahore. He himself appeared as his own witness before the Labour Court while the Management relied upon the entire record of enquiry proceedings and closed their case. The Labour Court vide impugned decision dated 25-5-1980 dismissed the petition. Hence this appeal. 2. I have heard at length the counsel for the parties and have also perused the entire material available on the record. 3. The main argument advanced on behalf of the appellant is that the District Manager while passing the dismissal order (Exh. D-16) has also considered extraneous material which was neither mentioned in the charge-sheet nor taken up during the enquiry proceedings In the charge-sheet there were two allegations…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492