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Revision Petition No. LHR-64 of 1983, decided on 18th April, 1984.

---S.47--Dismissal on account of misconduct during pendency of industrial dispute--Inquiry proceedings indicative that it was a case of no evidence and dismissal order even if passed would not have been sustainable--Order of Labour Court refusing to grant permission for dismissal, in circumstances, upheld by Appellate Tribunal in revision--Industrial Relations Ordinance (XXIII of 1969), S.38(3-a).

Asghar Mahmood for Petitioner.

Yousaf Hussain Dilawari for Respondent.

Date of hearing: 14th April, 1984.

The above-captioned revision challenges the decision, dated 8-2-1983 passed by the learned Presiding Officer, Punjab, Labour Court No.1, Lahore, whereby the petition of the petitioner given under section 47 of the Industrial Relations Ordinance, 1969 was dismissed.

2. The facts are that the bus conducted by the respondent was checked on 30-8-1979. Nineteen lady passengers were without tickets from whom fare is alleged to have been realised by the respondent. Cash was found to be in excess by Rs.4.25.

3. Neither any passenger's statement was recorded at the time of checking nor the respondent was confronted with them. None of the passengers was produced during enquiry as a witness. This being so, the statement of the checker that the passengers had told him that they had paid the fare was hearsay and thus this was a case of no evidence. If permission for dismissing the respondent had been given, the order of dismissal would not have been maintainable under section 25-A of the Industrial Relations Ordinance, 1969. The permission was thus rightly refused.

4. As a result, the revision having no force, is dismissed.

A. E.

Petition dismissed.

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