Law:

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Industrial dispute- ---Dismissal for misconduct-Bus conductor's case-Two passengers found ticketless although fare realised-Statement of such passen­gers not recorded at time of checking thus accused not confronted with their statement-Re-instatement with back benefits awarded by Labour Court-Excess amount also found in his possession at time of checking-Appellate Tribunal taking view that factum of excess amount raises suspicion that accused may have realised fare hence, held, not entitled to back benefits-Order of Labour Court modified to that extent-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Asghar Mahmood for Appellant. Asmat Kamal for Respondent. Date of hearing: 13th November, 1983. JUDGMENT The appeal titled above emerges from the decision dated 30th June, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the respondent was directed to be re-instated in service with back benefits. 2. The allegation for which the respondent, after being charge-sheeted and holding an enquiry against him, was dismissed is that two lady passengers were found without tickets although fare had been realised from them by the respondent. An amount of Rs. 38 in excess of the allowed cash was also recovered. 3. The respondent has been re-instated by the learned lower Court for the reason that no statement of the without ticket passengers was recorded. Only the without ticket passengers are the witness of the fact if fare had or had not been recovered, because the checkers are not present when fare is realised. If their examination in the enquiry is not possible, their statements should be recorded by the checkers and got signed by them and the…

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