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Appeal No. 157 of 1982/Pb, decided on 28th April, 1982.

--‑Misconduct‑Fraud‑Loss to employer‑Bus Conductor dismissed on charge of non‑issuance of tickets to passengers up to a distance of 18 miles‑Mere fact of non‑issuance of tickets, held, not sufficient to say that any fraud was committed where no fare had been received Evidence indicating that before Bus being checked conductor had been asking passengers to purchase tickets who had not yet paid their fare‑Re‑instatement with back benefits awarded by Labour Court, in circumstances, upheld by Appellate Tribunal‑Industrial Relations Ordinance (XXIII of .1969), Ss. 25‑A & 38.

Muhammad Iqbal Khokhar for Appellant.

Date of hearing : 10th April, 1982.

In this appeal the decision dated 17‑2‑1982 passed by 'the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the grievance petition of the respondent was accepted, has been challenged.

2. The bus conducted by the respondent was checked at a distance of about 18 miles from Faisalabad. Five passengers were without tickets but no fare had been recovered from them. Form TT‑40 was issued to the respondent and, thereafter, he was charge‑sheeted and finding his reply as unsatisfactory an enquiry was made against him, which resulted in his dismissal.

3. It has been argued by the learned counsel for the appellant that since up to a distance of 18 miles tickets were not issued by the respondent to the five passengers, loss had already been suffered by the appellant, therefore, the learned lower Court was not justified in directing the re instatement of the respondent. I cannot agree with the learned counsel. The mere fact that no tickets had been issued before the checking, party checked the bus is not sufficient to say that any fraud was committed by the respondent and that due to his non‑issuance of tickets, the PRTB has sustained any loss. In the cases where no fare had been received, it cannot be said that fraud has been committed Before the lower Court the drive of the bus was examined by the respondent who stated that the respondent had been asking the passengers before the bus was checked to purchase tickets who had not yet paid the fare. According to the allegations, no misconduct was committed by the respondent and he was rightly re‑instated in service without back benefits. There is no force in the appeal, which is dismissed in limine.

Appeal dismissed.

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