Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, (VI of 1969)- --S. O. 15 (4)-Dismissal for misconduct-Bus conductor charged with receiving fare without issuing tickets-Signatures of conductor not obtained on statements of passenger witnesses-Statements found doubtful-Held: In cases where passenger is not to be examined before Enquiry Officer, his statement should be recorded and got signed by him and conductor so that conductor had notice of such statement and can summon witness in defence. (b) Industrial Relations Ordinance (XXIII of 1969)- --S. 25-A-Maintainability of grievance petition-Service of grie­vance notice upon management disproved-Held: Provisions with regard to service of grievance notice are mandatory and where service of grievance notice is not proved, application under S. 25-A is not competent. Muhammad Iqbal Khokhar for Appellant. Muhammad Ikram for Respondent. Date of hearing : 22nd May, 1982. JUDGMENT This appeal arises from the decision dated 12th October, 1978 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby the grievance petition of the respondent was accepted acid he was directed to be reinstated in service with back benefits. . 2. The allegation against the respondent was that he had recovered fare from 12 passengers but bad not issued tickets to them. The respondent was charge-sheeted and enquiry held against him which culminated in his dismissal. 3. In written statement before the lower Court the appellant had taken up the objection that the grievance notice had not been served but the lower Court has given the finding that the signatures of, the clerk about the receipt of grievance notice tally with his admitted signatures. The signatures of the respondent were not obtained upon the statements of the passengers, therefore, such statements are doubtful. One of the statements bears the signatures of the passengers but since the signatures of the respondent were not received on it the said statement is doubtful. In cases where the passenger is not only to be examined before the Enquiry Officer, his statement should be recorded and got signed by him and the conductor…

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