Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Dismissal for misconduct--Grievance petition against dismissal--Bus conductor charged for misappropriation of fare money-Ticket-less passengers neither examined in domestic enquiry nor their statements recorded during checking--Accused conductor in reply to T.T.40 stating that passengers had made false statements and that he had not realized fare--Such reply, held, would mean that ticket-less passengers had in presence of accused stated that they had paid fare and thus accused stood confronted with them-­Labour Court while awarding re-instatement, held, did not consider reply of accused to T . T .40 and thus fell in error that there was no evidence of recovery of fare by accused from ticket-less passengers-- Order of Labour Court, set aside by Appellate Tribunal. (b) Industrial Relations Ordinance (XXIII of 1969)-- --S.8-A--Dismissal for misconduct of office-bearer of Workers Trade Union--Permission of Registrar--Intimation regarding appointment of accused as Member of Executive Body of Trade Union conveyed on same day on which dismissal order passed--No proof that such intimation reached authority passing dismissal order before passing such order-­Absence of permission of Registrar, held, was not material. S.M. Abbas Qureshi for Appellant. Maqbool Anees for Respondent. Date of hearing: 25th February, 1987. JUDGMENT This is an appeal directed against the decision dated 1-12-1986 recorded by learned Labour Court No.9, Multan, whereby the respondent was directed to be re-instated in service with back benefits. 2. The allegation against the respondent was that he has misappropriated fare money of Rs.7.50 without issuing tickets to four passengers from whom he had received the said fare. No doubt the passengers who had informed the checker that they had paid the fare but tickets had not been issued to them, had neither been examined during the inquiry nor their statements were recorded at the time of checking but since the respondent in answer to T.T.40 said that the passengers had made false statement and that he had A not realized the fare, it means that the passengers had in his…

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