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 AL-

JUDGMENT

Reported As: 1985 PLC 240 Result: Appeal dismissed Judgment JUDGMENT ' The appeal titled above arises from the decision, dated 23-4-1984 passed by the learned Presiding Officer, Punjab Labour Court No,2 Lahore, directing the re-instatement of the respondent in service without back benefits. 2. The allegation against the respondent was that he did not issue tickets to six passengers travelling from Ichhra to Green Town. No allegation that he had realized fare from the said passengers, so no misappropriation had taken place. The plea of the respondent that due to rush he could not issue tickets was worth consideration and rightly found favour with the learned lower Court. At the most the case is of negligence or inefficiency, which does not amount to misconduct. Habitual negligence is misconduct but charge is not of habitual negligence. Apart from it for habitutal negligence there should be sufficient instances of negligence and not one. The respondent, therefore, was rightly directed to be re-instated in service. 3. As a result the appeal is dismissed in limine.

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