' This appeal arises from the decision dated 20-4-1977 passed by the learned Presiding Officer, Punjab Labour Court No,4, Faisalabad, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service with back benefits.
2. On 6-1-1976 the bus conducted by the respondent which was plying between Mungiwala and Lahore was checked. Two passengers had boarded the bus from Gojra but no tickets had been issued to them till the bus reached Samundari covering a distance of about sixteen miles. The checker recovered Rs,6 from the passengers and issued tickets to them. Form TT-40 was issued to the respondent on the spot who gave explanation that the passengers had taken their seats quietly in the bus, therefore, he could not know whether he had issued tickets to them. The respondent was charge-sheeted and finding his reply as unsatisfactory, an enquiry was held against him, which resulted in his dismissal.
3. Obviously no misappropriation had been made and there was only a possibility that the respondent may have recovered fare afterwards without issuing tickets to the passengers. Even if it be said that the respondent had bad intention, such an intention to misapporpriate money in future does not amount to misconduct. It, therefore, cannot be said that the respondent has upto the time of checking committed any misconduct. He was guilty of only negligence even if his plea that he could not come to know that the passengers had not produced the tickets till then is not accepted. In these circumstance's the respondent rightly directed to be reinstated. Learned counsel for the respondent has made statement that if the appeal is rejected, he would not claim back benefits. In view of this statement, I partly accept the appeal and modify the impugned decision of the learned lower Court by disallowing back benefits to the respondent.