Law:

Section:

Industrial dispute-- --- Domestic enquiry--Bus conductor charged for mis-appropriation of fare realised without issuance of tickets--Witnesses not examined on oath--Ticketless passengers not examined--Statement of Ckecking Inspector merely hearsay as based upon whatever was told by passengers--Cash bag not checked--Resultant dismissal from service, held, was invalid and illegal. Karachi Transport Corporation v. Abdul Hamid 1986 P L C 838; Government Transport Service, Sialkot v. Ejaz Ahmed 1984 P L C 1212 and Wyeth Laboratories Ltd. v. Rafiuddin 1980 P L C 74 ref. ORDER Applicant Muhammad Saeed has filed application under section 25-A of the Industrial Relations Ordinance, 1969 for reinstatement in service with full back benefits and continuity of service. 2. Facts of the case as stated by the applicant are that he was working as Conductor. He was served charge-sheet dated 28-4-1987 after stipulated time of one month. The applicant submitted the reply of charge-sheet. The respondent No. 1 did not apply his mind to reply of applicant and treated the reply as unsatisfactory and issued enquiry notice. The Enquiry Officer was prejudiced to the applicant being subordinate of the respondent No. 1. Applicant was then served show-cause notice on 17th August, 1987, for his personal hearing before respondent No. 1, but he could not appear before the respondent No. 1 due to disturbances on August 29, 1987. The applicant was then served another show­cause notice dated 7-9-1987. The applicant appeared before respondent No. 1 who delivered letter dated 13-9-1987 to the applicant which was his dismissal order. The applicant then served grievance notice on respondents Nos. 1 and 2 on 20-9-1987. The respondents did not reply the grievance notice, Applicant then filed the grievance petition challenging the action of the respondents Nos. 1 and 2 is illegal, mala fide, without any legal authority and in violation of the provisions of Standing Orders Ordinance, 1968. Praying for reinstatement with full back benefits and continuity of service. 3. The respondents in reply statement have raised the legal objections that the applicant served grievance notice on the Managing Director…

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