DECISION This is an appeal against an order of the learned Chairman of Sind Labour Court No. 1 Karachi, dated 1st January 1971, whereby the learned Chairman of the Court granted permission under section 37(3) of the West Pakistan Industrial Disputes Ordi--nance, 1968, hereinafter called the Ordinance), to dismiss the appellant.
2. The facts giving rise to the present appeal briefly put are these. The appellant was charge- sheeted for misconduct. His bus was checked on 18th February 1968, by Mr. Muhammad Khan Traffic Assistant in the presence of Mr. Ahmad Rizvi. It was found that 9 passengers were traveling without tickets from Thatta to Makli, while the appellant had realised fare from 4 persons. The enquiry was held through Mr. Arz Muhammad Abro, who found the appellant guilty of the charge levelled against him. The appellant being an Officer of the Union, the Department was obliged to make an application under sec--tion 37(2) of the Ordinance to seek the permission of the Court in order to dismiss him. The learned Chairman, after hearing the respondent granted permission to dismiss the appellant.
3. On behalf of the respondent, to witnesses were examined, namely, Muhammad Khan and Mr. Arz Muhammad Abro. The matter proceeded ex parte after some dates, so far as the appellant was concerned. The learned Chairman on the evidence of the Checker and the Enquiry Officer, came to the conclusion that it was a fit case that permission to dismiss the appellant be granted.
4. Mr. A. Majeed, the learned Representative for the appellant, very strenuously contended that the Court should have adjourned the case on 26th November 1970, when Mr. Wasiullah Qureshi the Representative of the appellant stated that he had no instructions. There is not such force in this submission. It is apparent from the Order-Sheet that after 8th of October 1969, when the to witnesses for the respondent were examined and the Court fixed 26th November 1970, for examination of the witnesses of the appellant, Mr. Wasiullah Qureshi took four adjournments on behalf of the appellant. He took three adjourn--ments on the ground of illness, to on the ground of the illness of the appellant himself and one on the ground of illness of appellant's wife. The application under section 37(2) of the Ordinance for permission to dismiss the appellant was made in 1968. When the matter before the Court on 26th November 1970, the Court without any request by Mr. Wasiullah Qureshi. Whatsoever, would not have been justified to adjourn the matter to some other date. All that Mr. Wasiullah stated before the Court on 26th November 1970, was that he had no instruc--tions. He did not convey to the Court that he had not been able to communicate to the client that the application was adjourned to 26th November 1970, for his statement and evidence.
Mr. Qureshi also did not pray for the adjournment of the case. In these circumstances, the matter being almost to years old the Court was very much justified in not further postponing the decision of the application.
5. On merit of the application it is sufficient to state that there is nothing in the cross-examination of Mr. Muhammad, Khan, the Checker and Mr. Arz Muhammad Abro, the Enquiry Officer to suggest that they had any motive to falsely implicate the appellant. In fact, the statement Of Mr. Abro goes without' being challenged in the cross-examination. So far as Mr. Muhammad Khan is concerned, no question has been put in the cross-examination to suggest that he has not issue tickets to 9 persons or that the, 4 persons from whom the appellant had realized fare, had not paid fare to him.
6. Lastly, Mr. Majeed, the learned representative for the appellant, contended that the Court may be indulgent to give an opportunity to the appellant to produce some witnesses in sup port of his plea that he was not guilty. In the circumstances and the present case. When the statement of the Checker has gone unchallenged, no useful purpose can be served by giving an opportunity to the appellant to produce any witnesses. The appeal is accordingly dismissed.