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1975 PLC 389

MANZOOR ALI vs DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE,

Citation1975 PLC 389
CourtIndustrial Court
Date-
Judge(s)Manzoor Ahmad E. Shaikh
ResultN/A

1. AWARD The applicant has filed this application under section 34 of the Industrial Relations Ordinance on 13th November 1970 praying for setting aside of his dismissal order passed by the respondent and order of re-instatement in service from the date of dismissal with full pay and other benefits. The applicant was on duty as a conductor on 13th July 1970 when his bus was checked by the checking party. He contends that l2 passengers including women who had then just boarded the bus and were about to be issued tickets, were found as without tickets in spite of his explanation clarifying his position. But instead he was charge-sheeted and as a result of an illegal enquiry he was dismissed from service. It is alleged that at that time he was concerned with some pending industrial disputes before the Labour Court at Karachi. He has therefore filed this application praying for reinstatement. It is denied by the respondent if the applicant was concerned with any pending industrial dispute or if he was dismissed without any legal enquiry. It is alleged that the applicant's services were terminated with effect from 25th May 1970 as a result of a proper enquiry and with a final hearing, as he was found guilty of misconduct for not issuing the tickets to l2 passengers in spite of having received the fare money from them. The enquiry papers have also been placed on record. The applicant has produced his own affidavit and he has been cross- examined. He admits that the enquiry was conducted in his presence and he had cross- examined the witness and also examined his own evidence. He also admits of having been warned 8 or 10 times previously about such misconduct. He admits having filed an appeal also. In these circumstances, it is not possible to hold that the enquiry ordered and conducted against him was in any way improper. The applicant not only had the opportunity of his' defence but was also given a show,-cause notice before the final order of termination of his services. As a result of what is stated above, I find that there is no merit in this application. The applicant has also failed to prove the pending industrial disputes. Accordingly this application is hereby dismissed.

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