MASIHUDDIN vs THE DISTRICT MANAGER, GOVERNMENT TRANSPORT — 1972 PLC 490

Citation: 1972 PLC 490

Court: Labour Appellate Tribunal

Year: 1971

Decision Date: 1971-11-13

Parties: MASIHUDDIN vs THE DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE,HYDERABAD AND ANOTHER

Headnotes

Case cited as 1972 PLC 490

Judgment Text

Court Name: Labour Appellate Tribunal Judge(s): Inamullah Khan Title:MASIHUDDIN vs THE DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE,HYDERABAD AND ANOTHER Case No.: Appeal No. HYD-561 of 1971 Date of Judgment:1971-11-13 Reported As: 1972 PLC 490 Result: Order accordingly Judgment DECISION This is an appeal against an award of the First Labour Court, Karachi, dated May 25, 1971, whereby the learned Court found the appellant to be not guilty of habitual neglect of work and ordered his re-instatement. The Court, however, did not award back benefits to the appellant. The facts giving rise to the appeal briefly put are these. 2. The appellant was charge-sheeted for having not issued tickets to 36 passengers, who had boarded the bus. For the omission on the part of the appellant to issue tickets to the passengers, he was charge-sheeted under Section 7(2)(i) of the Road Transport Workers Ordinance, 1961 (hereinafter called the Transport Workers Ordinance) for habitual negligence. On j the face of it, a single at of omission on the part of the appel--lant could not amount to habitual negligence of work. The learned Court, however, held considering that the appellant had neglected to issue tickets that he was not entitled to back benefits. 3. Mr. Amanullah Qureshi, the learned representative for the appellant relies on rule 6 (3) of the West Pakistan Road Transport Workers Rules, 1962 (hereinafter called the Rules). The said provision of rule reads as under :----- "If the charge is…

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