Law:

Section:

(a) Industrial dispute---- --- Dismissal for misconduct--Bus conductor alleged to have not issued ticket despite realisation of fare--Recovery of fare established--Labour Court taking view that tickets were not issued to 3 passengers out of 11 boarded within distance of 4 furlongs and as such this was a case of inefficiency and not of misconduct and thus accenting grievance petition against dismissal leaving employer to impose penalty of with holding of increment--Order of Labour Court challenged in appeal before Labour Appellate Tribunal--Misappropriation, in circumstances, held, stood established because fare had been realised by accused from ticket-less passengers--Appellate Tribunal accepting appeal setting aside impugned order of Labour Court and dismissing grievance petition upholding dismissal order--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3). (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against dismissal on account of mis­-conduct--Labour Court finding that domestic enquiry made properly with full opportunity of cross-examining prosecution witnesses and production of defence--No enmity on part of Enquiry Officer suggested-­Examination of Enquiry Officer before Labour Court, in circumstances, hued, not necessary. Ch. Nazir Hussain for Respondent. Date of hearing: 17th April, 1980. JUDGMENT This appeal has arisen from the judgment passed by the learned Presiding Officer, Punjab Labour Court No.9, Multan whereby he accepted the grievance petition of the respondent and ordered his reinstatement with back benefits, leaving the appellant to impose penalty of withholding of increment. 2. Bus No.9192 LEG conducted by the respondent was checked on 12th of July, 1975 and 31 passengers were found travelling without tickets from whom fare had been recovered. Tickets were issued by the checking party to the without ticket passengers and T.T-40 was issued on the spot to which the respondent replied. The respondent was thereafter charge-sheeted and finally his reply was considered unsatisfactory and enquiry was held which culminated in his dismissal. 3. At the enquiry the checker was examined who…

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