1989 PLP 865 (PLC(CS))

Nemo for Respondent. Date of hearing: 11th January, 1989. This is an appeal directed against the order of the learned Presiding Officer, Sind Labour Court No. I at Karachi dated 1‑9‑1988, whereby he allowed the grievance petition of the respondent.

2. The brief facts leading to this appeal are that the respondent was 12mittedly workman working as conductor of the bus with the appellants. On 12-8-1987 he is alleged to have recovered fare from 7 passengers without issuing the tickets which fact was detected by the Checking Party. He was charge‑sheeted and after domestic inquiry he was dismissed from service. The respondent, aggrieved by this order, after serving the grievance notice upon the appellants, filed grievance application before the learned Labour Court.

2. I have heard Mr. Naraindas, counsel for the appellants while none appeared for the respondent.

3. The learned Labour Court allowed the grievance petition mainly on the ground that the persons, from whom the respondent is alleged to have recovered the fare without issuing tickets, were not examined before the Enquiry Officer. The learned Labour Court has relied in this context on cases reported in 1986 0 P L C 838; 1985 P L C 240; 1985 P L C 231; 1985 P L C 33; 1984 P L C 1212.

4. In 1986 P L C 838 this Tribunal had also held that where none of the ticketless passengers were examined in the domestic inquiry, conclusion drawn in the inquiry 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. In the 196 P L C 701 a learned Judge of Allahabad High Court had observed "when order of dismissal of a workman is challenged in the industrial adjudication the Tribunal has to see whether domestic inquiry held by the employer was fair and proper".

5. In the instant case admittedly the persons from whom the respondent is alleged to have charged the fare without issuing tickets have not been examined. It is not alleged that any of the members of the Checking Party who were examined before the Enquiry Officer themselves saw the respondent charging any fare from such persons. Under the circumstances the conclusion drawn in the domestic inquiry that the fare was charged from the persons to whom tickets were not issued is neither fair nor proper nor can it be said to be based on any evidence. The order of dismissal on the finding based on such inquiry is not sustainable and has been rightly set aside by the learned Labour Court.

6. I find no merits in this appeal, which is, accordingly, dismissed. A.E./1380/Lb. S Appeal dismissed.