DECISION AGHA IMDADALLY (CHIRMAN).--This application under section 47 (2) of the Industrial Relations Ordinance, 1969 has been filed by District Manager, Government Transport Service, Hyder--abad and the respondent is Muhammad Khan, who is a Conductor employed under the applicant District Manager in the service in his control.
2. The facts shown in the application are that the respon--dent is said to be an office-bearer of the Road Transport Corporation Labour Association (Regd.), Hyderabad and certain Industrial Disputes are pending for' adjudication' and determina--tion in this Court. On 29th August 1969, while the respondent was on duty 'as Conductor in G. T. S. Bus No. 2478 on Thatta-Jang Shahi route his bus was checked at Kalri by Mr. Iqbal Hussain, Traffic Assistant who was accompanied by Mr: Muhammad Ahmed Khan, Deputy Traffic Manager. On such surprise checking 13 passengers were found travelling without tickets of whom, it is alleged, the respondent had already realised fare from 9 and had not issued the tickets to them. The respondent was sub--sequently charge- sheeted on such report of his misconduct by dishonesty and was asked to submit his explanation which he did but it was found unsatisfactory. A domestic enquiry was then, as ordered by the applicant; held against the respondent who was afforded full opportunity to defend himself. The Enquiry Officer after the conclusion of the enquiry proceedings gave a report adverse to the respondent finding him guilty of the misconduct, on the fact shown above, as this term is de6rted in section 7 (2) (b) of Road Transport Workers Ordinance, 1961. Thereafter the respondent was served a show---cause notice and he was also heard in person by the applicant. According to the applicant, as is mentioned in the application, the charges of misconduct aforesaid are proved against the respondent and the applicant intends to dismiss the later from service hence he seeks permission to do so by the present application.
3. After the application was filed summons were issued to the respondent which were duly served and his representative Mr. Amanullah Qureshi appeared on his behalf on two hearings thereafter and on 24th November 1970, the third hearing, the respondent remained absent and his representative made an application for adjournment which was turned down by the Court thereupon the representative withdrew from the case as such the respondent was placed ex pane.
Then the applicant was allowed to furnish evidence in support of ex parte proof of his case.
Consequently an affidavit has been filed by Mr. Azmat--ullah Khan, who is Station Superintendent (Legal Representative) in Government Transport Service, Hyderabad, and he has sworn this affidavit on oath giving the same facts constituting the misconduct alleged against the respondent as are detailed already above. Since there is no evidence in rebuttal this affidavit has to be accepted as correct and it duly proves the facts on which the present application rests. Thus it is amply clear on record that the respondent has been found guilty of misconduct by the applicant District Manager who seeks permission to dismiss him from service by this application.
This request obviously under the circumstances set out above is reasonable and genuine as such it is granted and permission is hereby accorded to the applicant Distinct Manager to proceed to take disciplinary action against the respondent entailing even his dismissal if so justified by the relevant law on the subject.
Announced in open Court.