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Appeal No. DG-1025 of 1978, decided on 28th February, 1982.
---Misconduct--Bus conductor dismissed for alleged misappropriation- Ticketless passengers--Neither fare realised nor tickets issued Bus overloaded and covered only five miles distance when checked Issuance of tickets to all passengers not possible for one conductor in such span of time--No misappropriation, in circumstances, held, took place- Order of Labour Court accepting grievance petition upheld by Appellate Tribunal--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3).
Date of hearing: 18th November, 1973.
The respondent was dismissed as a result of an enquiry held against him for an alleged attempt to misappropriate a sum of Rs.4.85 as fare which ought to have been recovered from twelve passengers but had neither been recovered nor tickets issued to them. This is admitted that some passengers had taken seats on the roof of the bus also. The bus had covered a distance of five miles only when it was checked. The distance is given in the charge-sheet.
2. Since the respondent had not recovered any fare, it cannot be said that he had committed misconduct. It is manifest that due to rush and for the reason that the bus had covered a distance of five miles only when it was checked, it was not possible for a single Conductor to issue tickets to all the passengers. So, no misappropriation took place. It has been argued by the learned counsel for the appellant that no grievance notice was served, as service was not proved by examining the duty clerk. No need to prove the notice, as its service is admitted in written statement The only objection in this regard was that it was not given in the proper forum. The notice is addressed to the District Manager, so it was given to the proper authority. It has not been proved as to upon whom the notice should have been served. The objection was rightly over-ruled by the lower Court.
As upshot of the above discussion I do not find any force in the appeal and dismiss it.
Appeal dismissed.
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