Law:

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Industrial dispute---- --Misconduct - Domestic enquiry -- Criminal trial-Effect of acquittal in criminal trial-Bus Driver driving bus with defective brakes instead of refusing to drive same in such condition and causing damage due to serious accident resulting also in death of a car driver-Dismissed from service on basis of domestic enquiry­ Plea that accused acquitted by criminal Court hence should not have been- dismissed-Driving bus, with defective brakes on busy road, held, itself act of gross negligence -and rashness-Acquittal by criminal Court due to lack of proof for conviction, held, cannot be taken into consideration--Order of Labour Court dismissing grievance petition maintained by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Latif Saghar for Appellant. Ghulam Hussain for Respondents. Date of hearing: 15th January, 1985. DECISION This appeal is directed against the impugned order passed by the Sind Labour Court No. III at Karachi on 18th November, 1982. 2. The appellant Muhammad Sarwar was a driver serving with the Karachi Transport Corporation and was driving Bus No. 2928 and on 28th November, 1981, be dropped the students at the Karachi University and was plying the empty bus back to the Depot when he met with an accident. He collided with two cars, one of which was badly damaged and caught fire. Its occupant, Dr. Azizur Rehman was burnt to death. The bus was badly damaged and caused a loss of Rs. 50,000 to the Karachi Transport Corporation. The appellant driver ran away from the spot and did not report for duty till 9th December, 1981. He was charge-sheeted on 3rd December, 1981 for causing damage to the property of the Corporation and for continuous absent from duty. The appellant explained that at that time he was asked to take the bus back to the Depot he had reported to the Time-keeper that its brakes were not serviceable.. However, he was asked to take the vehicle to the Model Depot without carrying passengers. He, therefore, drove the bus with its conductor, Muhammad Sadiq. He said that two cars came racing from the opposite direction and collided with the bus which could not be controlled due to…

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