Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Dismissal from service--Employee, a Bus Conductor dismissed as a result of domestic inquiry for not issuing tickets to passengers after having realised fare--Allegation of recovery of fare from ticketless passengers by appellant not proved--Without establishing factum that passengers were charged and tickets were not issued no case, held, was made out--In domestic inquiry non-examination of passengers would render conclusion drawn by domestic inquiry 4s without basis--Appellant was re-instated in service without back benefits. Latif Saghar for Appellant. Azmatullah Khan for Respondents. Date of hearing: 10th April, 1986. DECISION This is an appeal against the order of Sind Labour Court No. 1, Karachi, who by his order, dated 30-5-1985, dismissed the grievance petition filed under section 25-A, I. R. O. 1969, by the appellant. 2. The facts are that the appellant was employed as a conductor with the respondent-Corporation. On 22-8-1982, while he was performing his duty on Bus No. 906 between New Town and Tin Patti, Karachi, a special checking squad headed by Station Superintendent checked his bus and found some irregularities in the issuance of tickets. Therefore, the appellant was served with a charge-sheet on 31-8-1982 and thereafter a domestic enquiry was held. It is alleged by the appellant that he was dismissed from service on 20-6-1983, on the basis of an enquiry which was in violation of principle of natural justice and without any substantive material on record. 3. The stand of the respondent corporation is that on 22-8-1982, the checking squad checked the bus of the appellant which was on its way from Korangi to Lasbella Bus Stop, Karachi, and at New Town Bust Stop, it had detected seven ticketless passengers travelling from Malir City to Lasbella Bus Stop from whom the appellant had already collected fare at the rate of Rupee one each. That the checking squad further found fifteen girls students travelling without tickets from whom the appellant had already realized the fare at the rate of thirty paisas each. The checking squad obtained the unpunched tickets from the appellant in…

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