1. ORDER The Karachi Petroleum Workers* Union represented against the termination of employment of Crewman Mr. Faizullah Khan and the resignation of Driver M. Yousuf. It was represented that these two employees were allegedly involved in a theft case at Karachi Airport and the services of Crewman Faizullah Khan were terminated without any reasonable excuse, lt was also alleged that driver M. Yousuf was forced to resign although he was not involved in the theft case. The Representative of the Management stated that Crewman Faizullah Khan, Ticket No. B-2 was on duty at West Joint Hydrant Depot, Karachi Airport on shift duty on 17th October 1973. At about 19-35 hours he was instructed by the Fuelling Superintendent Incharge, S. S. Azizuddin to check if tank lorry CAB/109 (Reged. No KAZ-8935) which was being decanted atWJDH was empty. This tank lorry had arrived at about 19-00 hours with a load of 6,000 I. G. Shell Jet Fuel A-I filled from EJHD, Karachi Airport. It was stated that the accused checked the tank lorry and informed the Fuelling Superintendent that the lorry was empty and that he had disconnected the discharge hose. On Crewman Faizullah Khan's statement that the tank lorry was empty, the Fuelling Superintendent asked him to tell driver M. Yousuf who was in the rest room to take the tank lorry to EJHD for filling.
2. The tank lorry was, however, taken by driver Muhammad Yousuf towards Malir. This tank lorry got involved in an accident near Kala Board, Malir at about 20.00 hours and a boy was killed. The tank lorry was released by the Police at about 14-00 hours on 18th October 1973. Before driving back tank lorry to S/Station, Assistant Incharge, S/Station Mr. W. Noronha and Fuelling Superintendent A. Halim Khan checked it at the police station and found that it was partially full. They brought the tank lorry KAV/109 and dipped the same in the presence of witnesses and found that it contained 1 -6' fuel The contents of the tank lorry were then checked and decanted into WJHD's tank. According to the Management the quantity which was decanted was 2025 I. G. Jet A-1T 1975 Workbrs* Union v.
3. Pakistan Burmah Shell 661 (S M. Mutahar, Central Labour Commissioner) An enquiry was accordingly held against driver M. Yousuf on 24th October 1973. As a result of this enquiry, it was found that there was a pi ima facie case against Crewman Mr. Faizullah Khan who was subsequently charge-sheeted. The representative of the Management produced the record of the enquiry proceedings. According to the representative of the Management, the plea taken by accused Faizullah Khan in his defence was that Fuelling Superintendent had checked the tank lorry and had told him that it was empty. The Representative of the Management pointed out that it was a fact that the Fuelling Superintendent had checked the tank lorry by pressing the discharge coupling which only give an indication but not a conclusive. test to indicate whether or not the tank lorry was empty. It was for this reason that the Fuelling Superintendent had asked the accused to check the tank lorry from the top. The Fuelling Superintendent had stated that the only positive check to ensure that tank lorry was empty, was to see manhole covers. Crewman Mr. Faizulla Khan did not admit in the inquiry proceedings that he was asked to climb on the tank lorry and look inside the vehicle. He, however, stated that he climbed up the tank lorry and looked inside of the vehicle but could not see any thing clearly. According to the Management Crewman Mr. Faizullah Khan subsequently admitted that he was sure that the tank lorry was empty. He had also informed the driver Muhammad Yousuf that lank lorry was empty. In the inquiry proceedings, it also came to light that the discharge valve had developed defect about one/two months before the incident but these were rectified. Another point which Crewman Faizullah made during the inquiry proceeding was that he was being called by D. S. Mr. Zaidi and he was in a burry and coul 1 check the vehicle from the front mainhole cover, implying that the Fuel left in the tank could not be seen from the front manhole cover and could have been in the rear portion of the tank and visible only from the rear manhole cover. According to the Management, the quantity of 2,025 I. G. left in the tank lorry was more than 1/3 of its capacity and could easily be seen from either of the manhole covers. From the recorded evidence, it was established that Crewman Faizullah Khan was guilty of:-- (a)
4. Conniving with driver Muhammad Yousuf to defraud the company of 2,025 I. G. fuel Jet A-l. (b)
5. Fraudulently and dishonestly informing Fuelling Superintendent that the tank lorry was empty when it actually had 2,0251. G. Fuel left in it. (c)Intentionally trying to defraud with driver Muhammad Yousuf nearly succeeded in it but for the unfortunate accident in which a boy life was lost. As regards driver Muhammad Yousuf's case, the Representative of the Management stated that he took the tank lorry out from WJDH at about 19- 45 hours. The tank lorry was supposed to be empty.
6. Driver Muhammad Yousuf before departure reported to the Fuelling Superintendent that the rear light and traffic indicators were not working. According to the' Management outside auto- electrician Mr. Rehmat had attended to this light a short while ago. He had repaired the right hand rear light but the left hand rear light was left over to be repaired the next day. Similarly the traffic indicator was also to be replaced the next day. The Fuelling Superintendent had told driver Muhammad Yousuf to find Rehmat at Karachi Airport or at his shop near Chota Gate, Karachi Airport across the Drigh Road. It was stated that driver Muhammad Yousuf alongwith the tank lorry failed to return to WJHD and the Fuelling Superintendent instituted inquiries at 21-45 hours. A search was made for him by the staff on duty. The Fuelling Superintendent Mr. M. A. Ahsan who himself was on duty at 22-30 hours went in a taxi alongwith driver Sher Muhammad and Crewman Isbaq to Driver Muhammad Yousuf's house at Khokrapar, Malir Colony. On tbeir way they found the tank lorry parked outside the Malir Colony Police Station. It was gathered at the police station that driver Muhammad Yousuf had an accident with the donkey cart in which a boy was killed and some other persons received injuries. The police had detained the tank lorry and driver. It has been stated by the Representative of the Management that when he was asked about reasons for bis being at Malir with the tank lorry, he stated that he was going to his house to take his meals. Driver Muhammad Yousuf was released on bail between 00-30 hours and 01-00 hours on 18th October 1973, but the vehicle was detained. The vehicle was released by the, police at about 15-00 hours on 18th October 1973. Mr. NoroDha, Assistant lncharge S/Station, Karachi Airport and Mr. A. Haleem Khan, F. S. who took the possession of the vehicle found that it was not empty and contained 1'.6' of fuel Jet A-1, 2025 I. G. The Driver was subsequently charge-sheeted and an inquiry was held against him. The Inquiry Officer in his report came to the conclusion that driver Muhammad Yousuf was guilty of all the charges stated in the charge-sheet. He also concluded that the accused in collusion with Crewman Faizullah of WJHD had intentionally and deliberately tried to defraud the company of 2,025 I. G. He was found guilty of misconduct amounting to dishonesty and theft. The Representative of the Union denied the charges against driver Muhammad Yousuf and Crewman Faizullah Khan. They stated that these two employees have been victimised and were threatened during the inquiry proceedings. They also pointed out that it was neither the duty of driver Muhammad Yousuf nor of Crewman Faizullah Khan to check and see whether the tank lorry was empty. They also stated that Fuelling Superintendent Mr. Azizuddin had checked the tank lorry and told Faizullah Khan that it was empty. They also stated that driver went out of the area, ,with the permission of his Officer to get the light repaired and since he could get the bulb, he had to go to Malir and unfortunately met with an accident. They also stated that on previous occasions also the oil could not be decanted and was returned to the Depot. They also produced two statements showing 6,0C0 gallons having been received by Fuelling Superintedent from the tank lorry in question after it had been decanted at 19-00 hours. They, therefore, stated that the responsibility for the alleged theft cannot be placed on driver Muhammad Yousuf and Crewman Faizullah Khan.
7. On going through the records and after bearing both the parties, I have come to the conclusion that the ently made in the Karachi Airport Depot Operation statement WJHD on 17th October 1973 is a conclusive evidence to show that 6,C00 gallons were received by the Fuelling Superintendent.
8. The Management's Representative have asserted that the initials on the statements were affixed in good faith. I am, however, of the view that it was the personal responsibility of the Fuelling Superintendent to see that Punjab Road Transport Corpn, v. Employees* Union {M. Jamil Asghar, Appellate Tribunal) he was signing the statement after personally satisying himself that the required quantity of fuel had been decanted. In a case like this, the Fuelling Superintendent cannot just throw away his responsibility by merely saying that he had signed the statement in good faith.
9. I also fail to understand that the theft of 2,025 I. G. of fuel could not be detected by the Management till 3-00 p. m. on 18th October 1973, when they actually found this quantity of oil in the tank lorry which was returned to them by the Police authorities. This goes to prove that the Management had no means to check the theft of fuel if it happened in the way they have attributed towards two employees. This also leads me to believe that the Fuelling Superintendent who had received the oil was satisfied that the exact quantity of 6,000 gallons had been decanted.
10. It is also very strange to note that the Management even after they had come to know44 about the theft did not report the matter to the police for action against these two employees I am, therefore, of the opinion that the employees could not be held responsible for theft and the action taken against them was not justified. I direct that driver Muhammad Yousuf and Crewman FaizuUah should be] re-instated with effect from the date their services were terminated. r