Full Judgment Text & Judicial Ruling

Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: PUNJAB URBAN TRANSPORT CORPORATION LAHORE vs MUHAMMAD RAFIQUE Case No.: Appeal No, LHR-227 of 1984 Date of Judgment:1984-08-04 Reported As: 1985 PLC 849 Result: Appeal dismissed

JUDGMENT

JUDGMENT ' The decision dated 31st March, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No, 1, Lahore, has been challenged in this appeal, whereby the respondent was directed to be reinstated in service with back benefits. 2. Bus No, 3633 was checked at Shah Alam Gate. Ten lady passengers were without tickets from whom no fare had been realised by the respondent. Since no fare had been recovered, this is not a case of misappropriation. At the most the respondent was negligent or inefficient. Even though the Enquiry Officer said that this was not a case of misconduct or of "missing", yet the respondent was dismissed. Since no misconduct was committed, the dismissal order was not sustainable and was rightly set aside. 3. As a result appeal fails and is dismissed.

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