Case Details

Citation(s)
1989 SLG 2203 1989 SLD 2203 1989 PLC 458
Labour Appellate Tribunal, Sindh
Application No. 135 of 1987, decided on 7th February, 1989.
GHULAM NAUMAN SHAIKH, PRESIDING OFFICER

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GHULAM HAIDER

VS

DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION, KARACHI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Dismissal from service--Petitioner employed as a permanent workman as ticket conductor was charged for carrying ticketless passengers and dismissed from service--Statements of prosecution witnesses had not been recorded by Enquiry Officer on oath nor statements of ticketlcss passengers were recorded on TT-440 or in domestic enquiry--Cash bag of petitioner was also not checked to know if it contained excess amount--Order of dismissal was set aside and petitioner workman ordered to be reinstated in service. 1988 P L C 855; 1978 P L C 201; 1977 P L C 101 and 1986 P L C 838 ref. Khalilur Rehman for Applicant. Azmat Ullah Khan and Gul Muhammad Soomro for Respondents. ORDER Applicant Ghulam Haider has filed application under section 25-A of the I.R.O., 1969 for his reinstatement in service with full back benefits and continuity of service. 2. Facts giving rise to this application as stated by the applicant are that he was employed as permanent workman as Conductor in the respondents establishment. He was active member and supporter of K.T.C. Workers Union. He was served with charge-sheet dated 21-4-1986 which was delivered to him in May despite the fact that incident referred was of 1-4-1986. He submitted reply to charge-sheet but the respondents did not apply their mind to this reply and issued him enquiry notice. He appeared before the Enquiry Officer who did not record statement of any ticketless passenger despite his request. The Enquiry Officer held him guilty. He received show-cause notice dated 8-6-1987 alongwith enquiry report directing to appear before respondent No.l on 11-6-1987. He appeared before the respondent No.l to whom he explained the position and irregularities committed by Enquiry Officer. Respondent No.l then ordered that proceedings were withdrawn as the same were based on irregularities, but to his utter surprise after about 2 months he received another show-cause notice dated 16-8-1987 directing him to appear before respondent No.1 on 23-8-1987. In compliance to this second show-cause notice he appeared before respondent No.l but without giving patient hearing to him and without…
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