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(a) Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 25-A & 36--Procedure--Evidence--Written statement not verified on oath-­Signatory of written statement not examined before Labour Court--Such written statement cannot be considered as a piece of evidence. PLD 1972 SC 25 re1. (b) Industrial Relations Ordinance (w11 of 1969)----- ------S. 25-A--Grievance petition against dismissal for misconduct--Bus conductor alleged to have received fare without issuance of tickets--Neither ticketless passengers nor any member of checking party nor Enquiry Officer examined before Labour Court------Allegation denied by accused--Mere production of enquiry report containing statements of witnesses without examining such witnesses before Labour Court, held, would not be sufficient in rebuttal of assertions of accused. 1968 P L C 701 ref. DECISION This is an appeal directed against the order passed by the learned Presiding Officer, Sind Labour Court No. I at Karachi, dated 10-10-1988. 2. The brief facts of the case are that the respondent was admittedly a workman of the appellants employed as a Conductor of the bus. He is alleged to have charged fare from certain passengers without issuing the tickets, which was detected by the checking party. He was charge-sheeted and after enquiry he was dismissed from service. The respondent after giving grievance notice to the appellants filed grievance petition which was allowed by the learned Labour Court holding that the domestic enquiry was not fair or legal as it was held in piece meal by 3 different enquiry officers. 3. I have heard Mr. Narayan Das, the learned Advocate for the appellants. Admittedly the passengers from whom the respondent is alleged to have charged fare without issuing tickets were not examined either before the Enquiry Officer or before the Labour Court. It has been consistently held by this Tribunal and the Punjab Labour Appellate Tribunal that without examination of such witnesses, the charge cannot be held to be proved against accused person.…

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