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Appeal No. SKR‑41 of 1970, decided on 1st May 1970.

---S.37‑Scope‑Industrial Court or Appellate Tribunal cannot consider merits of contentions of rival rights‑Jurisdiction of Court limited.

The jurisdiction of an Industrial Court while dealing with an ‑application under section 37 of the repealed Ordinance is limited to an enquiry as to whether a prima facie case has been made out by the employer against the employee or not. The Labour Court or the Tribunal cannot consider the merits of the contentions of the rival rights as if it was trying the case itself or was sitting in appeal over the finding of the domestic enquiry.

The Bus Conductor was charge‑sheeted on the ground that six persons were travelling in his bus without tickets. Evidence on record indicated that such ticket less persons were poor labourers, unable to pay full fare, and the balance of their fare was contributed by other passengers in the bus. The bus was, however before the conductor could issue tickets to those poor labourers.

Held: The Industrial Court, in circumstances, rightly came to the conclusion that on the basis of evidence no prima facie case was made out against the conductor.

Mehboob Rizvi for Appellant.

Wasiullah Qureshi for Respondent.

Date of hearing: 30th April 1970.

This is an Appeal against an Order of the learned Chairman of the First West Pakistan Labour Court, Karachi, dated the 23rd of January 1970. The impugned Order was passed on an application under section 37 of the West Pakistan Industrial Disputes Ordinance, 1968 ' (hereinafter called the Repealed Ordinance), for permission to dismiss the appellant on the ground of misconduct. The learned Court came to the conclusion that no prima facie case was made out on the perusal of the evidence given by the G. T. S. and the statements of the respondent in T. T. 40 Form.

I have heard Mr. Mehboob Rizvi, the learned Representa tive for the appellant and Mr. Wasiullah Qureshi for the respondent. The jurisdiction of an Industrial Court while dealing with an‑application under section 37 of the repealed Ordinance is limited to an enquiry as to whether a prima facie case has been made out by the employer against the employee or not. The Labour Court or the‑ Tribunal cannot consider the merits of the contentions of the rival rights as if 11 was trying, the case itself or was sitting in appeal over the finding of the domestic enquiry. The learned Court rightly came to the conclusion that on the evidence produced by the Government Transport Service and the statements made by the respondent not prima facie case was made out. I have arrived at this conclusion after going through the whole record of the domestic enquiry. The position that emerges after a perusal of the evidence on behalf of the G. T. S. and the respondent is that six, persons who were travelling without tickets were poor labourers who did not pay the full fare and the balance of the fare was contributed by some passenger, Before the Conductor could issue tickets to the passengers the bus reached. Its destination and the Checking Party entered the bus. On these facts it cannot be said that the respondent had any intention to deprive the appellant of the fare. I do not see any reason to take a different view than what has been taken by the learned Court. The Appeal is accordingly dismissed.

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