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Appeal No. LHR‑66 of 1985, decided on 17th February, 1985.

‑‑Ss. 25‑A & 38 (3)‑‑Adjudication of grievance petition against dismissal for misconduct‑‑Scope‑Fresh enquiry‑Permission to employer to hold fresh enquiry Discretion of Labour Court-- Impugned dismissal order pursuant to ex parte domestic enquiry set aside‑Order of Labour Court permitting fresh enquiry, in circumstances, upheld by Appellate Tribunal.

Appellant in person.

Date of hearing : 10th February, 1985.

The decision dated 20th December, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged, whereby directing the reinstatement of the appellant in service, the respon dents were permitted to hold fresh inquiry.

2. The bus conducted by the appellant was checked on 4th November, 1978 and it was found that he had received 85 paisas from two passengers each but had not issued tickets to them. Inquiry was held ex parte. The two without ticket passengers had got down from the bus at the stop where the checking party had boarded the bus and are alleged to have seen the appellant receiving the fare. Giving permission to hold fresh inquiry is the discretion of the Labour Courts. Since the inquiry was held ex parte and the appellant could not get opportunity of cross- examination and to produce defence witnesses, so fresh inquiry was rightly ordered. The order is beneficial to the appellant, inasmuch as he will get opportunity to cross‑examine the prosecution witnesses and will examine defence witnesses to prove his innocence. If he is reinstated, he is likely to get back benefits also if he proves that he remained un employed. .

3. As a result, the appeal having no force is dismissed in limine.

A. E.

Appeal dismissed.

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