Law:

Section:

Industrial dispute- -- Dismissal for misconduct - Bus conductor's case -Ticketless passengers-Fare allegedly realised - Recovery of fare - Can be proved only by statement of passengers - Statements of such passengers not recorded by checking party-Statement of ckecker on such point based upon hearsay-Not reliable - Statement of accused that Police officials travelling in bus refused to purchase tickets - Held : Reliable - Order of Labour Court awarding re­instatement of Bus conductor in circumstances, upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). Rana Muhammad Ashraf for Appellant. Asmat Kamal for Respondent. Date of hearing : 10th December, 1983. JUDGMENT The appeal titled above emerges from the decision, dated 25th November, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, directing there-instatement of the respondent in service with back benefits. 2. The allegation against the respondent was that he had recovered fare from two passengers but had not issued tickets to them. The plea taken by the respondent in reply to the charge-sheet was that two policemen traveled who refused to purchase tickets. In reply to TT-40 the respon­dent had pleaded that no passenger was without ticket nor he had recovered fare from any without ticket passenger. No statements of the alleged without ticket passengers were recorded, nor…

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