Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--Dismissal from service--Employee a bus conductorâ-ž dismissed as a result of domestic inquiry for having realised fare and not issued tickets to passengers--Inquiry Officer not holding impartial inquiry and no independent witness was examined in domestic inquiry by Management to prove charge against respondent--No passenger examined either-­Conclusion drawn by domestic inquiry being wrong order of Labour Court re-instating respondent was upheld in circumstances. Azmatullah Khan for Appellant. Date of hearing: 13th February, 1986. DECISION This is an appeal against the order of Sind Labour Court No.l, Karachi, who by his order, dated 16-9-1985, re-instated the respondent with full back benefits. 2. The facts are that the respondent was employed as Conductor. On 28-12-1983,his bus was checked by one Abdul Hameed, Inspector and notwithstanding the fact that no ticketless passenger was found in the bus, a report was made against him but no copy of the report was supplied to the respondent. The respondent also alleged that copy of T, T .40 was not given to him and that the checking party also took tickets from him forcibly. A domestic enquiry was followed after serving a charge-sheet upon the respondent. The respondent also pleaded that he was not given personal hearing by the appellants as required by law, therefore, he was condemned unheard and ultimately his dismissal from service was illegal. He then served a grievance notice upon the appellants and subsequently filed the present grievance petition. 3. The case of the appellants is that the respondent's bus was checked by Ehsan Hyder alongwith Messrs Muhammad Ayub and Muhammad Hamid under the supervision of Ajab Khan, Station Superintendent and at that time seven ticketless passengers were travelling in the bus of the respondent and he had realized fare from them. Those seven passengers were, confronted to the respondent who stated that they had paid the fare amount to him but he did not issue tickets to them. The checking party then obtained seven unpunched tickets from the respondent and a report was also made. The checking party then obtained…

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