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Appeal No. SKR‑144 of 1969, heard on 16th April 1969.
---S. 31 and West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 37 Dismissal on account of misconduct not connected with pending industrial dispute‑Industrial Court, held, has no jurisdiction to order re‑instatement, In circumstances of case.
Sirajul Haq Qureshi for Appellant.
Wasiullah Qureshi for Respondent.
Date of hearing: 16th April 1969.
This is an appeal under section 16 of the Industrial Disputes Ordinance, 1958. The respondent was conductor in the employ ment of G. T. S., Sukkur. His bus was checked on 6th November 1966. It was found that 26 passengers were travelling without tickets and that he had realised fares from them. He was charge sheeted for the same and dismissed after enquiry.
The respondent made an application under section 31 of the Repealed Ordinance. The learned Industrial Court allowed the application and ordered his re‑instatement.
It is contended by Mr. Sirajul Haq Qureshi, learned Representative for the appellant that as the respondent was dismissed on the ground of misconduct not connected with the Industrial Dispute there was no violation of section 37 of the Ordinance. The learned industrial Court therefore had no jurisdiction to order re‑instatement of the respondent. I have just now disposed of the appeal of driver Jiand Ali (Appeal No. S KR‑l43 of 1959) or similar point. No useful purpose can be served to repeat the observation in this appeal. I would, for the reason given therein, allow this appsal and dismiss the application of the respondent.
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