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Appeal No. LHR‑227 of 1984, decided on 5th August, 1984.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑

‑‑S. O. 15 (2) (iv)‑Dismissal from service on charge of misappro priation challenged before Labour Court‑Employee not found guilty of misconduct and ordered to be reinstated in service‑Order challenged before Tribunal‑Held: At most respondent was negligent or inefficient--Since no misconduct was committed, dismissal order was not sustainable and was rightly set aside.

Rana Faiz Ullah Khan for Appellant.

Yousaf Hussain Dilawari for Respondent

Date of hearing : 24th July, 1984:

The decision dated 31st March, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, has been challenged in this appeal, whereby the respondent was directed to be reinstated in service with back benefits.

2. Bus No. 3633 was checked at Shah Alam Gate. Ten lady passengers were without tickets from whom no fare had been realised by the respondent. Since no fare had been recovered, this is not a case of mis appropriation. At the most the respondent was negligent or inefficient. Even though the Enquiry Officer said that this was not a case of misconduct or of "missing", yet the respondent was dismissed. Since no misconduct was committed, the dismissal order was not sustainable and was rightly set aside.

3. As a result appeal fails and is dismissed.

M.I.

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