Legal Case Summary

Case Details
Case ID 13e7b9bb-cb88-4fd1-80b3-59de1d323978
Body View case body.
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