' This appeal arises from the decision, dated 11th October, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 5, Faisalabad, setting aside the punishment of stopping increment for six months and infliction of damages to the tune of Rs, 800.
2. A defective bus was brought to the yard for repairs. The respondent was asked to check its brakes. The respondent, thereupon, drove the bus inside the yard and applied brakes but they failed and the bus struck against a pillar of tyre section causing damage to the wind screen. Exh. R.
1 report was lodged against the respondent, whereupon he was given charge-sheet Exh. P. i.
According to Exh. R. 1, the respondent had applied brakes from a sufficient distance and per chance the brakes failed. The learned lower Court has rightly observed that Exh. R. 1 instead of implicating the respondent was in his favour. Since the brakes failed all of a sudden, the respondent was helpless. Needless to say that only the brakes stop a vehicle from moving and when brakes fail the necessary result is the striking of the vehicle against a thing. Exh. R. 1 does not suggest that the respondent had driven the bus at a high or objectionable speed. He thus was not guilty of any rash or negligent act. The accident took place per chance and nobody had control over it. The respondent was thus wrongly punished and the learned lower Court rightly set aside the order of punishment.
3. As a result of the observations made above, the appeal is without force and is hereby dismissed.