Case Details

Citation(s)
1989 SLG 2456 1989 SLD 2456 1989 PLC 864
Labour Appellate Tribunal, Sindh
Appeal No. KAR-396 of 1988, decided on 10th January, 1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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KARACHI TRANSPORT CORPORATION

VS

ABDUL REHMAN

Law:

Section:

Industrial Relations Ordinance or 1969)---- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct--Bus conductor charged for realizing fare without issuing tickets--Ticketless passengers neither examined in domestic enquiry nor before Labour Court--Conclusion drawn in enquiry that fare was realized, held, was wrong--Order of Labour Court setting aside impugned dismissal order upheld in appeal. 1983 PLC 261;1983 PLC 278; 1983 PLC 303 and 304 and 1986 PLC 383 rel. Naraindas C. Motiani for Appellants. Date of hearing: 10th January, 1989. DECISION This appeal is directed against the order of the learned Presiding Officer, Sind Labour Court No. 1, passed on 3-11-1988, whereby he allowed the grievance petition of the respondent. 2. I have heard Mr. Naraindas C. Motiani, counsel for the appellants. 3. The respondent was admittedly a workman employed by the appellants as conductor. It is alleged that he had taken fare from 15 passengers without issuing them tickets. He was charge-sheeted and after domestic inquiry he was dismissed from service. After serving the grievance notice the respondent filed grievance application which was allowed mainly on the ground that as the persons, from whom the respondent is alleged to have taken fare but issued no tickets, were not examined either before the Enquiry Officer or before the A Labour Court, the charge could not be considered to have been proved against the respondent. The learned Labour Court had relied on number of decisions of this Tribunal in which…
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