Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --Ss. 25-A & 38(3)--Dismissal from service--Employee, a Bus Conductor dismissed from service as a result of domestic inquiry for having realised fare from passenger without issuing tickets--Record showing that in domestic inquiry only reporter was examined and his evidence too was hearsay and no passenger or other independent witness was examined by management to prove charge against respondent and conclusion drawn in domestic inquiry was wrong--Without establishing factum that passengers were charged and tickets were not issued, no case was made out against respondent--Order of Labour Court re-instating respondent was upheld without back benefits. Azmatullah Khan for Appellants. 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 18-8-1985, has re-instated the respondent with full back benefits. 2. That the facts are that the respondent was employed as Conductor since 10 years. On 29-3-1982, while he was on duty some lady passengers boarded the bus at Sindhi Hotel Stop and while the respondent was inquiring from -the ladies passengers about their destination, Inspector Raes Hussain checked the bus at Gulshanabad and learnt that the lady passengers were not prepared to pay the fare. The Inspector Raes Hussain paid the fare himself to the respondent and he also asked the respondent to issue 16 tickets of 50 paisas each. It is the case of the respondent: that he had not realised the fare from 16 lady passengers as they had refused to pay the same on the plea that they had boarded the wrong bus and in fact they had to go to Juna Market and ultimately they boarded the bus of Route No. 60. It is alleged that no evidence was recorded before the respondent by Inspector Raes Hussain and neither the lady passengers were confronted to him nor they were examined on the spot to prove that they had paid the fare to the respondent. Subsequently, an enquiry was held which according to the respondent was not proper and fair and the enquiry report itself is also not based on evidence. The respondent pleaded that the charge sheet was…

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