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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. O. 15 . (3) - Misconduct, -- Bus conductor overcharging fare from passengers-:Depositing, Prescribed f4;; and mis-appropriating excess amount -Contention, that prescribed fare having been deposi­ted act did not amount to misconduct-Contention rejected-­Held: Act of over-charging adversely affected business of employer hence amounting to misconduct-Dismissal for such charge, held. justified. Yousaf Hussain Dilawari for Appellant. Muhammad Saleem Khan for Respondent. Date of hearing : 31st October, 1982. JUDGMENT This appeal arise% from the decision dated I i th February, 1980 passed by the learned Presiding Officer, Labour Court No. 1, Lahore whereby the grievance petition of the appellant for his re-instatement was dismissed. The allegation against the appellant was that he while working as a booking Clerk at General Bus Stand, Lahore charged bus fare from 24 passengers at 5 per head for Kasur whereas the prescribed ;fare was Rs. 4/50 only. He was also alleged to have recovered Rs. 2 per head from 4 passen­gers for Bus stop Siddue whereas the prescribed fare per head was Rs. 1/70. The defalcation was detected while bus No. 9961 was checked by Bashir Ahmad, Checker at Mozang Chungi. TT-40 was issued to the appellant. -He was charge-sheeted. Finding the reply to the charge-sheet unsatisfactory an enquiry was held against him which culminated in his dismissal. In the enquiry the checker had appeared against the appellant and stated that during the checking at Mozang Chungi the above-mentioned facts were found. He also stated that he had recorded the statement of the passengers and received their signatures and the signature of the conductor of the bus. The appellant had cross-examined the checker during the enquiry but did not succeed in his eliciting any favourable material. Since the joint statement of some of the passengers from whom excessive fare had been recovered was produced in the enquiry the statement of the checker collaborated by the said statement. Before the enquiry officer and before the lower Court the appellant did not suggest any enmity with the…

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