Law:

Section:

Industrial dispute----- --- Dismissal for misconduct--Bus conductor alleged to have realised fare and tickets not issued--Ticketless passengers not examined in domestic enquiry-­Checking staff though examined yet not stating that they saw accused charging fare from ticketless passengers--Findings of enquiry that charge was proved, held, was neither fair nor proper nor could be said to be based on any evidence-­Penalty of dismissal from service based on such enquiry was not sustainable. 1986 PLC 838; 1985 PLC 2.10; 1985 PLC 231; 1985 PLC 33; 1984 PLC 1212 and 1968 PLC 701 re1. Narainddas C. Motiani for Appellants. Nemo for Respondent. Date of hearing: 11th January, 1989. DECISION This is an appeal directed against the order of the learned Presiding Officer, Sind Labour Court No. I at Karachi dated 1-9-1988, whereby he allowed the grievance petition of the respondent. 2. The brief facts leading to this appeal are that the respondent was 12mittedly workman working as conductor of the bus with the appellants. On 12-8-1987 he is alleged to have recovered fare from 7 passengers without issuing the tickets which fact was detected by the Checking Party. He was charge-sheeted and after domestic inquiry he was dismissed from service. The respondent, aggrieved by this order, after serving the grievance notice upon the appellants, filed grievance application before the learned Labour Court. 2. I have heard Mr. Naraindas, counsel for the appellants while none appeared for the respondent. 3. The learned Labour Court allowed the grievance petition mainly on the ground that the persons, from whom the respondent is alleged to have recovered the fare without issuing tickets, were not examined before the Enquiry Officer. The learned Labour Court has…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492