1989 PLP 864 (PLC(CS))

Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct--Bus conductor charged for realizing fare without issuing tickets--Ticketless passengers neither examined in domestic enquiry nor before Labour Court--Conclusion drawn in enquiry that fare was realized, held, was wrong--Order of Labour Court setting aside impugned dismissal order upheld in appeal. 1983 PLC 261;1983 PLC 278; 1983 PLC 303 and 304 and 1986 PLC 383 rel. Naraindas C. Motiani for Appellants. Date of hearing: 10th January, 1989. This appeal is directed against the order of the learned Presiding Officer, Sind Labour Court No. 1, passed on 3-11-1988, whereby he allowed the grievance petition of the respondent.

2. I have heard Mr. Naraindas C. Motiani, counsel for the appellants.

3. The respondent was admittedly a workman employed by the appellants as conductor. It is alleged that he had taken fare from 15 passengers without issuing them tickets. He was charge-sheeted and after domestic inquiry he was dismissed from service. After serving the grievance notice the respondent filed grievance application which was allowed mainly on the ground that as the persons, from whom the respondent is alleged to have taken fare but issued no tickets, were not examined either before the Enquiry Officer or before the A Labour Court, the charge could not be considered to have been proved against the respondent. The learned Labour Court had relied on number of decisions of this Tribunal in which similar view was taken. In 1983 P L C 261 the learned Labour Appellate Tribunal Punjab had held that "where passengers from whom t fare was alleged to have been received did not appear before the Enquiry officer and their statements before the Checking Party were neither recorded nor signed by the accused and where checker was not eye-witness to the recovery of fare, the statement of checker had no evidentiary value. Dismissal order on the basis of enquiry based upon such evidence was rightly set aside by the Labour Court." Similar view was taken by the learned Labour Appellate Tribunal Punjab in the cases reported in P L C 1983 at pages 278, 303 and

304. In the case reported in 1986 P L C 383 this Tribunal had held that where none of the ticketless passengers were examined in domestic enquiry, the conclusion drawn in enquiry that fare was realised was wrong. Similar view was taken by this Tribunal in Appeal No. KAR-368 of 1985 decided on 7-11-1988. This appears to be consistent view with regard to cases of dismissal on the basis of domestic enquiry where ticketless passengers are not examined. I find no reason to deviate from this view and as such I find no merit in this appeal which is, accordingly, dismissed in limine. A.E./1381 /Lb. S Appeal dismissed.