Law:

Section:

Industrial dispute- --Misconduct-Misappropriation - Bus Conductor found having received fare from four passengers but no tickets issued-Defence plea that he was in process of issuing tickets when checked by checking party-Four passengers sitting in two separate sets and not together-Accused, in circumstances, held, if had no intention of fraud would have issued tickets to one set of two passengers simul­taneously with recovery of fare and thereafter would have recovered fare from other set of passengers-Defence plea in circumstances, held, not reliable and afterthought--Dismissal from service upheld by Appellate Tribunal setting aside order of Labour Court awarding re-instatement-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. Respondent in person. Date of hearing : 29th January, 1983. JUDGMENT This appeal arises from the decision dated 28th March, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the respondent was directed to be re-instated in service without back benefit. 2. Bus No. 9597 conducted by the respondent was checked on 14th February, 1977. It was found that he had realised fare from four passengers but had not issued tickets to them. There were two other passengers and three students from whom the respondent had not yet recovered fare, nor till then had issued tickets. The plea taken by the respondent was that he had recovered fare from four passengers and was in the process of issuing tickets when the checking party came and snatched the R. P. T. from him, with the result that he could not issue tickets. Four…

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