DECISION ' This is an appeal against the order, dated 27-3-1990, passed by learned Presiding Officer, Sindh Labour Court No, VI, Hyderabad whereby the grievance petition filed by the respondent was allowed and he was ordered to be reinstated with full back benefits.
2. I have heard Mr. Raees M. Mushtaq, learned Advocate for the appellants and Mr. Wahid Bux, learned Representative for the respondent and have also gone through the record and proceedings of the case.
3. The brief facts of the case are that the respondent was admittedly working as Conductor on bus of the appellant on 4-5-1988 when his bus was raided by Checking Party who found that the respondent had obtained fare from 61 persons without issuing tickets to them. He was charge- sheeted on 9-5-1988 and after enquiry he was dismissed from service by order, dated 13-7-1988.
After serving grievance notice the respondent filed grievance petition.
4. Admittedly the passengers from whom the respondent is alleged to have obtained fare without issuing tickets were not examined before the Enquiry Officer or before the Labour Court. T.T. 40 has also not been produced to show that the respondent was confronted with the aforesaid passengers. Mr. Raees Mushtaq has produced T.T. 40 before this Tribunal which does not show that the aforesaid persons were confronted with the conductor. Rather there is no mention of ticketless passengers in T.T.
40. It is settled law that without confrontation as of such passengers or without examining the passengers before Enquiry Officer or the Court the alleged guilt of the conductor cannot be held to be proved. Reliance is placed on 1988 PLC 484, 1989 PLC 864, 1989 PLC 865 and 1990 PLC 137.
5. In view of the above facts and legal position I find no merits in this appeal which is, accordingly, dismissed.