1. This appeal arises from the decision, dated 9th September, 1982 recorded by the learned Presiding Officer, Labour Court No, 1, Lahore, whereby the respondent was directed to be re-instated without back benefits. The bus conducted by the respondent conductor was checked on 20th January, 1978. It was found that from four passengers out of whom two were students he had realised the fare but not issued tickets to them. There were two other lady passengers travelling, from Railway Station to Regal, the respondent is alleged to have recovered fare but had not issued tickets. The appellant did not admit the charge and that the students had no identity cards and did not want to pay full fare and that when discussion was going on the checkers entered the bus and recovered the fare from the passengers that he had not till then recovered fare. The inquiry officer recorded that there were adverse entries in the record of the appellant and one case of dishonesty was pending against him. This was an extraneous matter which was not included in the charge- sheet nor any evidence was produced about it. The respondent was, therefore, prejudiced. The statement of the passengers who told the checking party that fare had been recovered from them by the respondent, were not recorded and got signed from the respondent. If the passengers were not to be examined in the inquiry their statements should have been recorded and produced in the inquiry. The checker not being the eye-witness of the recovery of fare, their evidence in this respect had no evidentiary value. The respondent was, therefore, wrongly dismissed and his grievance petition was rightly accepted.
2. ' As a result of the observation made above I do not find any force in the appeal and dismiss it in limine.