| Citation(s) |
|---|
| 1993 SLG 1463 1993 SLD 1463 1993 PLC 714 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-5 of 1993, decided on 17th May, 1993.
. AGHA ALI HYDER, APPELLATE TRIBUNAL
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Appeal No. KAR-5 of 1993, decided on 17th May, 1993.
. AGHA ALI HYDER, APPELLATE TRIBUNAL
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MUHAMMAD NAWAZ
VS
and another.
Law:
Section:
Industrial dispute--- ---- Dismissal from service---Employee was dismissed from service after holding enquiry against him on allegation that he being a conductor of Bus received amount from passengers, but did not issue tickets to them---Employ was conducted against him in a fair and proper way---Employee was allowed opportunity to cross-examine witnesses at length and also was provided proper hearing at time of show-cause notice and later on before order of dismissal was passed against him---All pages of enquiry record were fully signed by him and no paper had been withheld or denied to employee---Case against employee having fully been established, he was rightly dismissed from service. Ch. Muhammad Ashraf Khan for Appellant. Gul Muhammad Soomro, Representative for Respondents. Date of hearing: 12th May, 1993. DECISION This appeal, from the order of the Labour Court No. 1, Karachi, arises in the following circumstances. 2. The appellant was a Conductor at the Orangi Nala Depot of the respondents. On 27-7-1988 he was detailed on duty on Bus No. 864-333. When the said bus had reached North Karachi Depot it was checked by a Special Squad headed by Inspector Muhammad Hanif Khan. It is alleged that they found 56 passengers, travelling from Cantonment Station without any ticket. The Cash Book was also checked and an excess amount of Rs.28 was found therein, and "all the closing TL-6 were missing". The TT-40 report was immediately filled up which also contained the reply and the signature of the appellant. 3. An enquiry was ordered in which some witnesses were examined and the statement of the appellant was also recorded. The latter had also examined a witness namely Ghulam Ali. 4. The enquiry report being adverse, the appellant came to be dismissed on 7-11-1990. He had given a grievance notice and receiving no reply had filed the petition wherein he was his own witness. Raja Muhammad Latif, one of the four members of the Checking Party, was a witness on behalf of the respondents. 5. The fact that checking had been carried out by the special Squad is not denied from any quarter. The stand adopted by the appellant is that a group consisting of 56 persons had entered…
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