Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Penalty---Imposition of---Challenge to---Employee was charge­sheeted for having been found negligent and driving the bus rashly which collided with a truck and was damaged---No eye-witness of accident had been produced either before Enquiry Officer or before Court and even owner or driver of truck which allegedly was damaged in accident was, not produced--­Report of officer who conducted probe on the spot was not supported by any evidence---Report of Enquiry Officer which was based on that report also lacked support of any evidence to prove negligence or rash driving or other fault of employee---Officer who wrote accident report was not examined in Court---Employee could not be found guilty of accident on account of previous lapses, if any, contained in other documents---Court, in circumstances, was perfectly justified to term the case of Management as with no evidence and rightly accepted grievance petition of employee against penalty imposed on him. Muhammad Latif for Appellant. Abdul Waheed for Respondent. JUDGMENT The appellant calls in question the legality of the judgment delivered by the learned Presiding Officer, Labour Court, Peshawar dated 17-3-1991 whereby while allowing the grievance petition moved by the respondent, the order imposing penalty on him was set aside. 2. The relevant facts necessitating litigation between the parties are that the respondent was charge-sheeted for having been found negligent and driving rashly Bus N_. PRT-474 which collided with a truck and damaged the bus. In reply to the charge-sheet it was stated that the brake suddenly failed near Gujar Khan which resulted in collusion with the truck. The rash driving and negligence was denied. However, in pursuance of the enquiry report the respondent was held responsible for the accident and by order dated 4-1-1989 he was ordered to make payment of Rs.69, 441 as cost of the damage at the rate of Rs.5W per month. The respondent served grievance notice on the appellant but with no avail and thereafter he moved the Labour Court under section 25-A of the Industrial Relations Ordinance for redress of his grievance. The…

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