This is an appeal against an order under section 37 of the West Pakistan Industrial Disputes Ordinance, 1968 refusing to grant permission to dismiss Ali Muhammad, respondent. The charge against Ali Muhammad was that he had realised fare from 5 passengers, but had not issued tickets to them. Ali Muhammad explained as to why he was not able to issue tickets to the 5 passengers.
He stated before the Enquiry Officer and also in T. T. 40 Form that he broke the point of his pencil and was, therefore, unable to issue the tickets. On enquiry from the passengers, it appeared that they had also no pencil or sharpener.
2. The learned Chairman rightly came to the conclusion that the finding of the Enquiry Officer was perverse. The explanation offered by Ali Muhammad was supported by the prosecution itself. The admitted position being that the point of the pencil of Ali Muhammad, Conductor, had got broken and, therefore, he could not issue the tickets. In the absence of any cogent reason by the Enquiry Officer as to why the explanation of Ali Muhammad should have been discarded, the learned Court rightly came to the conclusion that the finding of the Enquiry Officer was perverse. The appeal is dismissed.
3. Ali Muhammad, respondent, is absent. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.