Law:

Section:

(a) Industrial dispute- --Domestic enquiry-Term "holding enquiry" -Meaning-Labour Appellate Tribunal while accepting grievance petition against dis­missal for misconduct allowing option to employer to 'hold fresh enquiry within specified time"-Phrase "holding enquiry", in cir­cumstances, held, would mean not only to start enquiry but also include conclusion of enquiry with a final result-Dismissal order passed in pursuance of such fresh- enquiry beyond specified time, held, of no legal effect. (b) Industrial dispute- --Dismissal for misconduct-Bus Conductor alleged to have received fare and not issued tickets-Statement of ticketless passengers not recorded-Version of checking party not being witness of realisation of fare, in circumstances, held, mere hearsay and of no legal value to sustain dismissal order. 1983 P L C 261 and 1984 P L C 977 and 1984 P L C 1098 rel. Raees Muhammad Mushtaq for the Management. Sheikh Wahid Bux for Respondent. Date of hearing : 23rd April, 1985. DECISION I propose to dispose of these three appeals by this single decision, as the facts involved in these appeals are same and connected and emerged from the same impugned order, passed on 26th January, 1985 by the learned Labour Court No. VI at Hyderabad. 2. The two appeals filed by the Management are respectively against the reinstatement of Hafiz Abdul Qadir and grant of 50% of back benefits to him. The third appeal is by Hafiz Abdul Qadir praying for the grant of full back benefits. 3. The facts are that Hafiz Abdul Qadir was a Conductor in Sind Road Transport Corporation and the bus was checked by a checking party. The allegation is that the tickets were not issued though the fare was realized by the Conductor. Hence, an enquiry was held. He was dismissed as a result of the enquiry. A grievance petition was filed by the Conductor, Hafiz Abdul Qadir and the Labour Court set aside the termination order in the month of October, 1980. The S. R. T. C. filed an appeal, but, while maintaining order of the Labour Court, this Tribunal permitted the S. R. T. C. to hold a fresh enquiry, vide its order, dated 23rd February, 1981. The Tribunal further directed to hold an enquiry within three…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492