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Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--Dismissal from service--Employee dismissed from service for driving out for test purposes an out of order bus which met with accident with another vehicle and resulted in death of four persons-­Labour Court observing that till negligence was proved by Trial Court against employer it would be too premature to hold respondent negligent--Findings of Labour Court, held, were incorrect--Trial Court might find contributory negligence or anything but fact that respondent took out a bus which was defective itself constituted carelessness and negligence--Order of Labour Court set aside in appellate jurisdiction of Labour Appellate Tribunal. Raza Hussain for Appellant. Nemo for Respondent. Date of hearing: 5th February, 1986. DECISION The instant appeal is directed against the order of Sind Labour Court No. IV at Karachi, datedx 9-1-1985. 2. The facts are that Taj Bareen was the order of Bus No. 830-519. The said bus was lying in the workshop, as it was out of order. On 27-12-1983, the Incharge of the bus, namely, one Zaheeruddin ordered that the bus may be taken for test on Thatta Road. Although Taj Bareen had told the Incharge that the bus was out of order, yet, he took the bus for test and Zaheeruddin ordered Taj Bareen to drive the bus. The bus, on the same day was driven along the National High Way. Near Bachcha Jail, bubbling was there in the steering and Zaheeruddin ordered that the bus may be driven by Mitho Khan. The bus was successfully driven upto Thatta and was also driven back upto Gharo when an accident took place against another vehicle in which two persons, sitting in the bus were dead and the two persons sitting in the other vehicle were also dead. Police challaned the driver, Taj Bareen, under section 304-A. However, a domestic enquiry was held in which Taj Bareen was held guilty and he was dismissed. He filed a grievance petition which ended in the re-instatement of Taj Bareen on the ground that let the case with Police be tried by the Court and on the decision of the Court, he may be charge-sheeted. The charge-sheet was held to be premature and, therefore, the Labour Court decided to…

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