PUNJAB ROAD TRANSPORT CORPORATION Versus MUHAMMAD ASLAM

ORDER

Muhammad Aslam, a Petrol Pump Attendant was served with a charge sheet for stealing diesel oil. A criminal case was also got registered against him. An inquiry was conducted against him and he was found guilty and in consequence was dismissed from service on 23-6-1988.

Feeling aggrieved, he filed a grievance petition before the Punjab Labour Court No.], Lahore. Punjab Road Transportation Corporation contested the petition. After recording evidence the Labour Court dismissed the grievance petition on 17-1-1991. Muhammad Aslam respondent preferred an appeal before Punjab Labour Appellate Tribunal, Lahore which was accepted on 31-3-1991 and he was ordered to be reinstated with back benefits. hence this writ petition hy P.R.T.C.

2. It is contended that the order of the Punjab Labour Appellate Tribunal is based on misreading of evidence and it did not appreciate that the sealing diesel oil stood established against Muhammad Aslam respondent.

3. 1t is an admitted position that the respondent was acquitted from the criminal case but on the same allegations he was dismissed from service on the basis of departmental inquiry. The allegation against the petitioner was that some diesel was found in the Tanker which had earlier been checked by him declared to be empty. The Labour Appellate Tribunal observed that the respondent was not afforded proper opportunity to defend himself as the inquiry officer had admitted that he had not allowed him the services of another assistant to represent him.

4. The inquiry report was not produced before the Labour Court to show that proper opportunity had been afforded to the respondent to defend himself or that sufficient evidence was available against him to prove the charge of theft. As already stated above he was also tried by the Criminal Court on the same allegation and was acquitted.

5.In the above circumstances, the Labour Appellate Tribunal had rightly set aside the order of the respondent's dismissal from service and re-instated him with back benefits.

Finding absolutely no illegality or any jurisdictional defect, I see no. ground to interfere with the impugned order and in consequence dismiss the writ petition in limine.

H.B.T./P-2/L Petition dismissed.