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Industrial Relations Ordinance (XXIII of 1969)--- ---Ss.37, 38(3-a) & 47--Appeal--Revision--Permission for dismissal of office=bearer of Union for misconduct--Bus Conductor charged for embezzlement--Fare alleged to have been realised from ticketless Passengers--Statements of such passengers not recorded at spot during checking in presence of accused--Statements of checking staff before Enquiry Officer in absence of statement of ticketless passengers either recorded during checking or before Enquiry Officer, held, remained hearsay and could not be acted upon--Labour Court, in 'circumstances, rightly disbelieved evidence of checking staff and dismissed application under S.47--Order passed by Labour Court under S.47 was not appealable-- Appellate Tribunal declining even to treat appeal as revision, and in circumstances, dismissing same. Ghulam Mustafa, Court Clerk for Appellant. Date of hearing: 13th March, 1988. JUDGMENT This is an appeal directed against the decision dated 25-1-1988 recorded by learned Presiding Officer, Punjab Labour Court No.9, Multan whereby application given by the appellant under section 47 of the Industrial Relations Ordinance, 1969 for punishing the respondent has been dismissed. 2. The allegation made against the respondent was that at the time of checking 51 passengers were found without tickets from whom he had realised the fare. TT-40 is alleged to have been delivered to the respondent but he refused to give any reply. Report was entered in TT-2 by the checking staff that tickets were issued to without ticket passengers. During the enquiry both the persons who had checked the bus had appeared as prosecution witnesses. The plea of the respondent was that no passenger was without ticket and that none of them had deposed before the checking staff that they had paid the fare. Statements of none of the alleged without ticket passengers were recorded at the spot in the presence of the respondent, nor anyone of them was examined during the enquiry. This is true that the passengers not being…

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