Law:

Section:

. Blest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.O.15(2) (iv)--Dismissal--Bus Conductor charged with misconduct--Two passengers found travelling without ticket--Checker recovered fare--Explanation of having escaped notice not accepted--Held: No mis­appropriation having been made till time of checking, alleged intention to misappropriate money in future does not amount to misconduct-­Conductor could at most be guilty of negligence--Order of reinstatement in service upheld by Tribunal in circumstances. Mohammad Iqbal Khokhar for Appellant. Mohammad Ahmad Bani for Respondent. Date of hearing: 22nd May, 1982. JUDGMENT This appeal arises from the decision dated 20-4-1977 passed by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service with back benefits. 2. On 6-1-1976 the bus conducted by the respondent which was plying between Mungiwala and Lahore was checked. Two passengers had boarded the bus from Gojra but no tickets had been issued to them till the bus reached Samundari covering a distance of about sixteen miles. The checker recovered Rs.6 from the passengers and issued tickets to them. Form TT-40 was issued to the respondent on the spot who gave explanation that the passengers had taken their seats quietly in the bus,…

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