| Case ID |
13e7b9bb-cb88-4fd1-80b3-59de1d323978 |
| Body |
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| Case Number |
LHR-395 of 1980 |
| Decision Date |
Nov 28, 1982 |
| Hearing Date |
Nov 20, 1982 |
| Decision |
In this appeal, the decision dated 8-4-1980 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged. The grievance petition of the respondent was accepted, and he was directed to be reinstated without back benefits. The appeal and the cross objections are being decided together through this single judgment. The allegation against the respondent was that his bus was checked on 4-3-1978, and it was found that nine passengers were ticketless from whom the respondent had not realised the fare. It was also alleged against him that when his bus was checked, he showed disorderly behaviour. However, it was concluded that the respondent was guilty of negligence and inefficiency but not misconduct, thus upholding the Labour Court's decision to reinstate him without back benefits. |
| Summary |
The case revolves around the dismissal of a bus conductor from Punjab Urban Transport Corporation due to allegations of non-issuance of tickets and disorderly behaviour. The Labour Court initially ruled in favour of the respondent, reinstating him without back benefits. The Appellate Tribunal upheld this decision, highlighting that negligence and inefficiency do not equate to misconduct. The case underscores the importance of adhering to proper procedures in employment dismissals and the distinction between misconduct and negligence. It serves as a precedent in labour law, specifically in cases involving employee conduct and the justification of dismissal. Keywords include: Labour Law, Employment Dismissal, Negligence, Misconduct, Reinstatement, Punjab Urban Transport. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
ABDUL GHAFFAR,
PUNJAB URBAN TRANSPORT CORPORATION
|
| Judges |
MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Asghar Mahmood,
Qazim Raza Shamshi
|
| Petitioners |
PUNJAB URBAN TRANSPORT CORPORATION
|
| Respondents |
ABDUL GHAFFAR
|
| Citations |
1983 SLD 1444,
1983 PLC 304
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,
Industrial Relations Ordinance
|
| Sections |
15 (1) (ii) (d),
15 (3) (b),
25-A,
38
|