Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 25-A & 37 read with Provisional Constitution Order (P. O. 1 of 1981), Art. 9-Termination of service -Bus conductor convicted for receiving fare without issuing tickets and sentenced to fine and his conductor's licence also cancelled-Services terminated due to being disqualified to work as conductor but he had obtained a fresh licence from Licensing Authority at time of termination of service-Labour Court holding that termination of service amounted to dismissal for misconduct which could not be made without recourse to proper inquiry and awarded re-instatement -Labour Appellate Tribunal upholding order of Labour Court­-Orders of Labour Appellate Tribunal and Labour Court challenged in writ petition before High Court on grounds that (1) the petitioner (respondent) could not be retained in service because his original licence had been cancelled rind (2) rule 103 of West Pakistan Motor Vehicles Rules, 1969 debars a person from acting as a . conductor if he does not hold a proper conductor's licence and (3) fresh licence was secured without infor­ming the Licensing Authority about cancellation of original licence and thus fresh licence having been obtained fraudulently was illegal and void-Held : (1) there was nothing to show that the statute debars a conductor whose licence has been cancelled, from applying for a fresh licence or that he has to wait for some time before applying, therefore, and no action was taken by petitioner (Board) for cancellation of fresh licence, (2) petitioner (respondent) was in possession of fresh licence at time of passing termination order accordingly Labour Court and Appellate Tribunal validly held that termination order amounted to dismissal for misconduct, and (3) rule 103 of West Pakistan Motor Vehicles. Rules, 1969 was not applicable to Punjab Road Transport Board-Interference with Order of Labour Court and Appellate Tribunal and Order of Licensing Authority in issuance of fresh licence, in circumstances, not inter­fered with by High Court in writ jurisdiction-Conductor's Licence Motor Vehicles Rules, 1969, r. 103. M. G. Saadullah Mumtaz for Petitioner. ORDER Through…

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