PUNJAB ROAD TRANSPORT CORPORATION, SAHIWAL Versus MUHAMMAD KHALIL

This is an appeal preferred against the decision dated 25‑2‑1987 recorded by learned Presiding Officer, Punjab Labour Court No.9, Multan whereby the respondent has been directed to be reinstated in service with back benefits.

2. The respondent is a Conductor. On 19‑3‑1986 he was conducting bus No.9722. During the checking five passengers were found without tickets from whom the respondent is alleged to have realised the fare. Checkers not being the witnesses of the recovery of bus fare cannot be believed to say that the conductor had recovered the fare. They get this information from the passengers concerned, therefore, in the absence of the statements of such passengers their evidence is merely hearsay. In the present case the passengers were not examined during the enquiry, nor at the time of checking the information alleged to have been given by them was reduced to writing by the checker. If the conductor is confronted with the without ticket passengers at the time of checking and he fails to satisfy that the passengers had falsely implicated him, it may be held that the offence was proved. In the present case photo copy of the T.T.40 has been brought on the record in which it is mentioned that the respondent was confronted with the without tickets passengers but in the copy which was delivered to the respondent there is no such thing. Ex.R‑3, therefore, is not a genuine document, and it cannot be relied upon. In these circumstances, the learned lower Court was justified in accepting the grievance petition of the respondent.

3. So far as back benefits are concerned, they have been rightly allowed by the learned lower Court. The respondent had in his statement asserted that right from the date of dismissal he was jobless.

4. As a result the appeal fails and is dismissed.

A. E. /353/Lb.P Appeal dismissed