Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- -- S. O. 15 (1) (ii) (a) & 15 (3) (c)-Misconduct--Intentional and not negligent acts causing damage or loss to property of employer amounts to misconduct-Auditor alleged to have connived with conductor in misappropriation of amount-No direct evidence of connivance-Failure to conduct audit according to rules, in circum­stances, held, did not amount to misconduct and case covered by S. O. 15(1) (ii) (a) with liability of lesser penalty short of dismissal-Order of Labour Court setting aside penalty of dismissal from service and awarding re-instatement in circumstances, upheld by Appellate Tribunal-Claim for back benefits however rejected ­Industrial Relations Ordinance (XXIII of 1969), Ss. 26-A & 38 (3). Muhammad Iqbal Khokhar for Appellant. Nemo for Respondent. Date of hearing : 22nd May, 1982. JUDGMENT This appeal arises from the decision, dated 7th May, 1979 passed by the learned Presiding Officer, Punjab Labour Court No.1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated in service with back benefits. . 2. The allegation against the respondent was that between 16th November, 1977 and 13th January, 1978 the previous record of Khizar Hayat, conductor, was checked and it was found that be had not been preparing TT-2. properly. The statement TT-2 when compared with R. P. T. book, it was found that he had deposi­ted Rs. 3,475 less than the actual fare recovered by him. Since the respondent had been pre-auditing and receiving the daily income from Khizar Hayat during the above-mentioned period, he was also charge sheeted and an enquiry was held against him, which had culminated in his dismissal.…

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