and hold that no case of habitual negligence V. or neglect of work was made out by the respondent — 1965 PLC 304

Citation: 1965 PLC 304

Court: Industrial Appellate Tribunal

Year: 1970

Decision Date: 1970-01-24

Parties: ABDUL MAJEED vs THE DISTRICT MANAGER, GOVERNMENT

Headnotes

I would respectfully adopt the principle laid down by Wahiduddin, J, and hold that no case of habitual negligence V. or neglect of work was made out by the respondent.

Judgment Text

Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title: ABDUL MAJEED vs THE DISTRICT MANAGER, GOVERNMENT Case No.: Appeal No. HYD-234 of 1969 Date of Judgment:1970-01-24 Reported As: 1970 PLC 444 Result: N/A Judgment ORDER This is an appeal against the decision of the learned Chairman of the First West Pakistan Industrial Court, Karachi, dated 8th October 1969. The impugned order was passed in an application under section 37(2) of the West Pakistan Industrial Disputes Ordinance, 1468 (hereinafter called the repeal` Ordinance) for permission to dismiss the appellant. It was alleged in the application that the appellant was a Bus Conductor, and that his bus was checked on 15th April 1968. It was found that he was carrying 16 passengers without tickets. He was charge-sheeted for misconduct under subsection (2)(i) of section 7 of the Road Transport Workers Ordinance 1961 (hereinafter called the Workers Ordinance). On enquiry, he was found to be guilty of the alleged mis--conduct. It was contended before, the learned Court that no offence under subsection (2)(i) of section 7 of the Workers Ordinance was made out; inasmuch as he was not guilty of habitual negligence. The learned Chairman disposed of the objection in the following words:- "The learned Representative of the respondent has laid some emphasis ors subsection (2)(i) of section 7, of the Road Transport Workers Ordinance, 1961, and attempted to shove- that the respondent was not guilty of habitual…

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