Case Details

Citation(s)
1985 SLG 1532 1985 SLD 1532 1985 PLC 69
Labour Appellate Tribunal, Punjab
Appeal No. FD-673 of 1977/Pb., decided on 8th March, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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PUNJAB ROAD TRASNPORT BOARD, FAISALABAD

VS

MUHAMMAD NAWAZ

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Driver held responsible and fined for damage caused to bus--Deduction of amount from salary ordered--Order challenged-­Accident found to have occurred due to defective road condition-­Evidence of travelling passengers not recorded--Rash or negligent act of driver not established--Imposition of fine set aside in circum­stances. Mohammad Iqbal Khokhar for Appellant. Nazir Ahmad Naz for Respondent. Date of hearing: 13th February, 1982. JUDGMENT This appeal arises from the decision dated 26-9-1977 passed by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby he accepted the grievance petition of the respondent and set aside the order of the appellant regarding deduction of Rs.1,000 from the wages of the respondent. It was also directed that the amount already recovered should be refunded. 2. Brief facts of the case are that the respondent, who was employed as driver in the appellant establishment, was driving Bus No.9588 on Lahore-Faisalabad route on 4-9-1974. Near Jhuggi Sial the bus received a jump, resulting in the breakage of central bolt. The bus turned turtle and was damaged. The damage, thereafter, was assessed to Rs.4,000. The respondent was charge-sheeted, an enquiry held and he was fined Rs.1,000 which amount was ordered to be deducted from his pay in 20 equal installments from December, 1976 onward. The grievance petition of the respondent was opposed by the appellant, who inter alia raised the point of limitation. The stand taken by the respondent was that he had come to know of the imposition of fine on 1-12-1976 when an amount of Rs.50 was deducted from his pay. Since this evidence was not rebutted, the lower court treated the grievance petition as within time. It was also pleaded by the appellant that no grievance notice had been served but the point was replied by the lower court in favour of…
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