Law:

Section:

(a) Industrial dispute-- ---Domestic enquiry--Bus Conductor alleged to have realised fare without issuance of tickets--Statement of ticketless passengers neither recorded at time of checking nor in enquiry--Statement of Inspector neither a member of checking party nor eye-witness to factum of receipt of fare by Conductor--No reliance, held, could be placed on such hearsay evidence. Punjab Road Transport Board v. Mahmoodul Hassan 1985 P L C page 813 (b) Industrial Relations Ordinance (XXIII of 1969)-- --Ss. 25-A & 38(3)--Re-instatement--Back benefits--Bus Conductor dismissed from service on charge of fraud for realisation of fare without issuance of tickets--Realisation of fare not proved in enquiry--Labour Court awarding re-instatement with back benefits--Plea that back benefits would unnecessarily burden employer was accepted by Appellate Tribunal in circumstances. Gul Muhammad Soomro for Appellant. Date of hearing: 19th January, 1986. DECISION Fateh Ali Khan, the Conductor filed an application under section 25-A, I.R.O., 1969, for re-instatement with back benefits. The facts which give rise to the present appeal are that on 21-7-1983, a report was made against the respondent who was employed as a Conductor with the Corporation, that he had not issued tickets to 18 passengers travelling in Bus No.839-991. Therefore, he was charge-sheeted and this was followed by domestic enquiry in which the respondent was subsequently, dismissed. The respondent pleaded that he is innocent. 2. That the stand taken by the Corporation in the reply statement is that on 21-7-1983, while on duty the Conductor did not issue tickets to 18 passengers. He was charge-sheeted. No satisfactory reply was given by him. The Corporation also stated that non-issuance of ticket to passengers was a fraud which was proved during the domestic enquiry, therefore, his dismissal was valid. 3. The learned Labour Court framed an issue whether the impugned dismissal was illegal or invalid. 4. The allegation against the Conductor was that 18 passengers were found to be travelling without tickets from Madina Colony and Sindhi Hotel to Gulshan More and Muslimabad and the Conductor had realized fare…

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