Law:

Section:

West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S. 71 read with West Pakistan Motor Vehicles Rules, 1969, rr. . 57-A, 57-B & 103 - Licence to Bus Conductor-Issuance of-Jurisdiction of Provincial and Regional Transport Authority barred with regard to routes and areas where Road Transport Board operates motor transport - Bus conductor of Road Transport Board-Services terminated on grounds that conductor licence had been cancelled by Magistrate-Termina­tion order, in circumstances, held, rightly, held wrong by Labour Court and re-instatement awarded upheld by Labour Appellate Tribu­nal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38. Ikram-ul-Haq for Appellant. Date of hearing : 2nd October, 1982. JUDGMENT This-appeal is directed against the decision dated 3-7-1982 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi. whereby the grievance petition of the respondent was accepted and he was directed to be re-instated in service with back benefits. 2. The conductor licence of the respondent was cancelled by a Magis­trate besides being fined to Rs. 50 for having recovered fare from certain passengers but not issuing tickets to them. Since after the cancellation of conductor licence the respondent became licensees, his services were termi­nated by the appellant. It was pleaded before the learned lower Court that . the respondent had got fresh licence for the period from 26-9-1981 to 25-9-1982 from the Regional Authority, so irrespective of the fact that the previous licence of the respondent had been cancelled, he could not be terminated. The learned trial Judge held that such a point could not be raised before the Labour Court. The right course for the appellant was to challenge the new licence before the…

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