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Revision Petition No. LHR‑139 of 1980, heard on 13th November, 1982.

‑‑S. 47 (2) ‑Dismissal for misconduct of office‑bearer of trade union during pendency of industrial dispute‑Permission of Labour Court--- Bus Conductor allegedly not issuing tickets to passengers‑No fare realised‑Allegation amounting to negligence or inefficiency and not misconduct‑Labour Court, in circumstances, held, rightly dismissed application for permission to dismiss.

Sh. Aftab Ahmad for Petitioner.

Respondent in person.

Date of hearing : 13th November, ,1982.

This revision is directed against the order, dated 30th March, 1980, passed by the learned Presiding Officer, Labour Court No. 4, Faisal abad, whereby an application of the appellant under section 47 of Industrial Relations Ordinance, 1969, for permission to dismiss the respon dent was dismissed.

The respondent was conducting a bus on 18th January, 1979 when he was checked at Narrwala as a result of which 14 passengers alighting from the bus were found to be ticket-less from whom the fare was recovered by the respondent. The checking party recovered the fare and issued the tickets. T. T. 40 was issued to the respondent on the spot who replied that due to rush he would not be able to issue tickets. Since an industrial dispute was pending, therefore, application under section 47 of I. R. O. was made. Since no fare had been recovered from any passengers this was not a case of misappropriation. At the best the respondent was guilty of negligence or A inefficiency, which are not misconduct. Since the prayer in the application made under section 47 was permission to dismiss the respondent not to take many of the action the petition was rightly dismissed. There is no force in the revision petition which is dismissed in limine.

A. E.

Petition dismissed.

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