DECISION ' Respondent Muhammad Saleem was a Cashier Incharge Sales Department in the Utility Stores Corporation. He had the habit of supplying short weight and over-charging. There was hue and cry in the local papers of Karachi that malpractices were rampant at the Stores of the Corporation and sometimes there was exchange of hot words between the cashier and the customers. The respondent was posted at the Utility Stores of SITE. On 6-8-1992 the respondent was caught over- charging customer by name Mr. Zafar Siddiqui who had come to purchase rice. He supplied 4 Killograms of rice of the quality of which the rate was fixed as Rs,11.50 per Kg. And instead respondent charged Rs,13 per Kg. For 4 Kilograms and thereby over-charged Rs,6 from the customer. Regarding this as an instance of misconduct by the respondent which had brought a bad name to the Utility Corporation he was charge-sheeted and an enquiry was conducted against him. Ultimately he was dismissed from service. The respondent filed his grievance petition before Third Sindh Labour Court, Karachi. The Labour Court was of the opinion that Rs,6 was very petty amount and the over-charging of this amount could have been due to mistake in calculation that the slip was not a proof of intentionally over-charging.
2. However, the amount involved in over-charging is of no consequence. In case of this nature the act of over-charging apart from the magnitude of the amount involved would be an act establishing guilty intention. Calculating price of 4 Kgs. Does not involve lengthy arithmetic and there is no possibility of any honest mistake in such calculation.
3. The case of the respondent was that the customer had first purchased a good quality rice at Rs,13 per Kilogram but after making payment he changed his mind and took the inferior quality rice priced at Rs,11.50 per Kilogram. That this amount of Rs,6 was refunded to him. It is admitted fact that there was a Cash Registering Machine at the shop and the material purchased was first brought there at the Machine Table and then the prices were fed into the Machine and the slip was delivered to the customer. There is no scope for any change or refund in the Machine slip. The question of refund appears to be a cock and bull story made afterwards. Why would a person change good quality rice for a inferior quality just to save Rs,6 on 4 Kilograms.
4. I, therefore, find no substance in the defence of this nature. The decision of the Labour Court is accordingly set aside and order of dismissal by the Corporation is maintained. The appeal of the Utility Stores Corporation is accordingly allowed. The back benefits deposited by the Utility Stores Corporation may be refunded to them.