Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry--Hearsay evidence--Bus conductor charged for misappropriation -Ticket-less passenger--Fare alleged to have been received--Neither such passenger produced as witness nor his statement recorded in presence of accused at time of checking--Statement of checker in enquiry that passenger told him regarding realization of fare--Mere hearsay evidence--Not sufficient to establish charge. (b) Industrial dispute-- ---Domestic enquiry--Enquiry Officer to be unprejudiced person--Person witness against accused in a criminal case--Accused objecting against appointment of such person as Enquiry officer but request for change not accepted--Conviction based upon report of such Enquiry Officer, held, not maintainable. Respondent in person. Date of hearing: 19th November, 1984. JUDGMENT The two appeals captioned above arise from the decision, dated 29-9-1984 passed by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala, directing the re-instatement of Ghulam Mohy-ud-Din (hereinafter to be called the respondent) in service without back benefits. The respondent has in his appeal claimed back benefits, whereas Government Transport Service, Sialkot (hereinafter to be described as the appellant) has challenged the direction of re-instatement of the respondent in service. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The respondent is alleged to have realised fare of Rs.2 from a passenger but did not issue ticket to him and thus had misappropriated the fare and that he committed an act of indiscipline by snatching the R.P.T. book from the checker. 3. So far as…

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