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Appeal No. LBR‑248 of 1980/Pb., decided on 31st October, 1982.
‑‑ Ss. 25‑A & 38 (3)‑Grievance petition against dismissal on account of misconduct ‑ Bus conductor's case Ticketless passengers ‑Fare not realised‑Excess cash found in possession‑Misappropria tion not established hence no misconduct committed‑Possession of excess amount though not misconduct but violation of rules‑Order of Labour Court awarding back benefits on re‑instatement, in circum stances, modified, by Appellate Tribunal awarding only 50% of back benefits:
Asghar Mahmood for Appellant.
Ch. Sadiq Muhammad Warraich for Respondent.
Date of hearing: 10th October, 1982.
In this appeal the decision, dated 5th March, 1980 passed by the learned Presiding Officer, Punjab Labour Court No. 6. Rawalpindi, whereby the respondent was directed to be re‑instated in service with back benefits, has been challenged.
2. The allegations against the respondent were that he had not issued tickets to nine passengers, nor had recovered fare from them and that he had in his possession cash in the excess by Rs. 31.80. Since he had not recovered fare from the without ticket passengers he had not misappropriated any amount and thus had not committed any misconduct. Possession of excessive cash was not misconduct but only a violation of rules. He, A therefore, was rightly re‑instated in service. Since he was guilty of violation of rules, being in possession of excessive cash, been allowed full back benefits. I therefore, partly accept the appeal and modifying the impugned decision of the learned lower Court, reduce the back benefits to 50 per cent.
A. E. Appeal partly accepted.
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