Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Dismissal---Misappropriation---Respondent, a Conductor in Transport Corporation was dismissed from service as a result of domestic inquiry for misappropriating a petty amount being the fare which he allegedly charged from passengers of his bus without issuing a ticket---Main ground which weighed with Labour Court in allowing grievance petition of respondent was that ticket less travelers were not examined by Corporation either before Inquiry Officer or before Labour Court ---T.T. 40 which was exhibited, showed that respondent was confronted with said passengers---Said T.T. bore signatures of respondent but did not bear his statement of having accepted contents thereof---Respondent in his cross-examination had denied factum of confrontation of passengers and alleged that his signatures were taken by force on T.T. 40---Cash bag of respondent was not checked to know whether amount in question was in excess---Held, mere statement in T.T. 40 that respondent was confronted with ticket less passengers was not sufficient evidence---Non-examination of ticket less passengers would raise presumption against employer in cases where conductor was charged with having realised fare from passengers without issuing tickets---Order of dismissal was not sustainable in absence of evidence of such passengers as no charge was proved against respondent---Order of Labour Court allowing grievance petition of respondent employee was upheld. 1980 PLC 279 and 1990 PLC 102 ref. 1980 PLC 1089; 1986 PLC 838; 1984 PLC 1212; 1984 PLC 1193; 1985 PLC 240; 1990 PLC 145 and 1990 PLC 157 rel. DECISION This is an appeal against the order dated 5-1-1989, passed by the learned Presiding Officer, First Sindh Labour Court at Karachi, whereby the grievance petition of the respondent was allowed and he was ordered to be reinstated in service with full back benefits. 2. I have heard Mr. Gul Muhammad Soomro, representative for the appellants and Mr. Khalilur Rehman, representative for the respondent, and have also gone through the record and proceedings of the case. 3. The brief facts of the case are, that the respondent was admittedly working as…

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