Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- - ----S.25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15---Removal from service--­Respondent working as a Conductor in appellant-Transport Corporation, allegedly received a sum of Rs.45.50 as fare from some passengers but did not issue them tickets---Respondent was checked by Checking Squad, proceeded departmentally, found guilty in domestic inquiry and was ultimately removed from service---Respondent in reply to charge-sheet 'had urged that he was not confronted with ticket less passengers and witnesses for cross-examination and that inquiry against him was held in a prejudicial manner---Although facts and circumstances did raise a presumption against appellant-Corporation yet excess amount recovered from respondent was only paisa .30---Said discrepancy had not been explained by appellant nor they could explain as to why amount alleged to have been charged could not be recovered from possession of respondent---Held, all these facts rendered inquiry open to serious doubts and dismissal order based on such inquiry was not tenable--­Order of removal from service was set aside and reinstatement ordered by Labour Court was upheld. Gul Muhammad Soomro, Representative for Appellants. Ch. Latif Saghar for Respondent. Date of hearing: 28th January, 1991. DECISION This is an appeal against the order, dated 16-12-1989, passed by the learned Presiding Officer, Sindh Labour Court No.III at Karachi, whereby the grievance petition of the respondent was allowed and he was ordered to be reinstated in service with all back benefits. 2. I have heard Mr. Gul Muhammad Soomro, the learned Representative for the appellants and Mr. Ch. Latif Saghar, the learned Advocate for the respondent and have also gone through the record and proceedings of the case. 3. The respondent was admittedly employed as a Conductory by the appellants. He was on duty as a Conductor on Bus No. 834-845 on 11-8-1987, when his bus was checked by a Checking Squad consisting of Inspector Races Hussain and Inspector Ali Akbar; headed by Assistant Traffic Manager, Mr. Mansabdar. They found 31 passengers…

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