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Appeal No. GT‑565 of 1983, decided on 13th February, 1984.

------‑‑Ss. 25‑A & 38 (3)‑Dismissal for misconduct‑Bus conductor's case‑Ticket-less passenger‑Fair alleged to have been realised Statement of passenger recorded by checker‑‑Accused requesting Enquiry Officer to summon passenger and bus driver.‑‑Address of passenger not recorded‑Refusal of Enquiry Officer to summon passenger‑Not objectionable‑Bus driver an eye‑witness and employee of employer also not summoned‑Labour Court, in cir cumstances, held, justified awarding re‑instatement with back benefits.

Shuja‑ud‑Din Arshad for Appellant.

Date of bearing : 1st February, 1984.

The appeal captioned above emerges from the decision, dated 7th November, 1983 passed‑by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala.

2. The respondent is a conductor. During the checking of the bus conducted by him one passenger traveling between Gujranwala and Lahore was found without ticket from whom the respondent is alleged to have realised the fare of Rs. 3.

3. The respondent requested the Enquiry Officer to summon the passenger who was without ticket and the driver of the bus but the request was refused. The address of the passenger is not given in his statement recorded by the checker. The respondent, therefore, was not in a position to summon the said passenger in defence. The driver was a material witness as his presence in the bus at the time of checking cannot be denied. He is the employee of the appellant, so could to produced. In these circumstances, the learned lower Court was justified in directing the re‑instatement of the respondent in service with back benefits.

4. As a result, there is no force in the appeal which is dismissed in limine.

A.E. Appeal dismissed.

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