Law:

Section:

Industrial dispute-- --- Dismissal for misconduct--Defence not disclosed by accused in earliest opportunity--Has no force--Bus Conductor charged for misappropriation because of non-issuance of tickets to passengers--Explanation that ticket-less passengers were friends and had not yet decided as to who would purchase tickets and meanwhile checking party raided--Such explanation neither indicated in TT-40 prepared on spot, nor contention that TT-40 form was made under compulsion mentioned in reply to charge-sheet--Labour Court, in circumstances, not relying on such explanation. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.0.15 (4)--Domestic enquiry--Assistance of co-worker to accused-­Mandatory only if desired by accused--No application made to Enquiry Officer for assistance of co- worker--Objection as regards assistance by co-worker at subsequent stage to attack findings of enquiry, held, not maintainable. (c) Industrial dispute-- --- Dismissal for misconduct--Misappropriation--Element of mens-rea i.e. guilty mind regarding breach of trust is difficult to be presumed in absence of evidence to that effect--Bus Conductor's case--Ticketless passengers--Explanation that tickets could not be issued before raid by checking party--No evidence of financial loss to establishment but mere mention that there was an attempt of fraud on part of accused--No evidence that accused had used amount for personal use and had guilty mind--Case in circumstances, held, that of attempted dishonesty not calling for punishment of dismissal--Punishment converted to that of withholding of one increment with warning. M. Ibrahim Khan for Applicant. ORDER This is application, filed by Muhammad Khan against the Managing Director and the District Manager, Karachi Transport Corporation, for re-instatement against the wrongful dismissal. 2. Applicant is a conductor employed in the Corporation. When he was on duty on the public vehicle, K.T.C. staff checked the bus and found that Muhammad Khan did not issue tickets to 18 passengers. 3. Muhammad Khan was proceeded for misconduct under the provisions of Standing Orders of misappropriation of…

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