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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----- -- S. O. 15 (1) & (3)-Misconduct-Inefficiency or carelessness-Bus Conductor not issuing tickets to passengers- Number of total passengers in Bus only thirty-Conductor found realising fare from passengers when alighting at their destination without issuance of tickets--Mens rea of Bus Conductor clear that he deliberately did not issue tickets when passengers were in bus and circumstances did not prevent him to issue tickets-Conductor, held, rightly charged for misconduct under S.O.15 (3)-Refraining to attend inquiry despite receipt of notice-Enquiry Officers, in circumstances, held, further, gave ample opportunity of participation before proceeding ex parte­--Grievance petition against dismissal order in circumstances, held further also, rightly rejected by Labour Court-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. . Ch. Sadiq Muhammad Warraich for Appellant. Shafiq-ul-Islam for Respondent. JUDGMENT Khalid Mahmood, appellant, was employed on 10th November 1976 as Conductor by Punjab Urban Transport Corporation, Islamabad. His Bus was checked on 16th May, 1977 by a Checking Party under the supervision of the Traffic Manager. During the course of checking it was found that 8 passengers, who were alighting from the bus, were not issu­ed any tickets although fare had been realised by the appellant from them There were also 4 other passengers who were neither issued any tickes nor fare had been realised from them. The appellant had also excess cash amounting to Rs. 24.20 in his possession. Form TT-40 was issued to him. He was charge-sheeted on 26th May, 1977. His reply was found unsatis­factory. An enquiry was instituted against him. He did not participate in the enquiry on the ground of illness. He was found guilty by the En­quiry Officer. He was dismissed from service vide order dated 7th July,. 1977. After serving a grievance notice, the appellant filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, before Punjab Labour Court No. 6, Rawalpindi, which vide impugned decision dated 30th May, 1978 dismissed the same. Feeling…

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