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Appeal No. LH'R.6 of 1981/Pb., decided on 14th December, 1982.

West Pakistan

‑‑S. O. 15 (3) (b)‑Bus Conductor charged for non‑issuance of tickets to passengers from some of whom fare received and from others fare not yet realised‑Non‑issuance of tickets to those from whom fare not realised‑Does not amount to misconduct‑Dismissal order based upon two charges, held, rightly set aside by Labour Court‑Charge relating to non‑issuance of tickets to those from whom fare allegedly realised, further held, could not be said to have been established in absence of direct evidence to prove receipt of fare‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38.

Abdur Razzaq v. P. U. T. C: 1982 P I, C 104 rel.

Asghar Mahmood for Appellant.

Respondent in person.

Date of hearing: 4th December, 1982.

This appeal arises against the decision dated 6‑12‑1980, passed by the learned Presiding Officer, Labour Court No. 1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated without back benefits.

The respondent was conductor employed in Ichra Depot, Lahore. The bus conducted by him was checked on 19‑9‑1'976 at Civil Seeretariate bus stop and 6 passengers were found without tickets from whom he is alleged to have recovered the fare. There were 5 more passengers who had no tickets and nor fare had been realised from them. Since the second allegation did not amount to misconduct and the respondent was dismissed on both the charges the learned Labour Court relying upon Abdur Razzaq v. P. U. T. C. (1980 P L C 104) directed the reinstatement of respondent without back benefits. The reason given by the learned Labour Court is sufficient to reinstate the respondent but I add one more ground which is that there was no direct evidence that the respondent had recovered the fare from 6 without ticket passengers. The checker no doubt stated that the respondent had realized the fare but his evidence is hearsay since in the presence of the checkers therefore is not allegation to have: been recovered and none of the passengers was examined at the inquiry.

As a result of the decision made above I uphold the, decision of the Labour Court and dismiss the appeal.

Appeal dismissed.

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