Law:

Section:

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 8(2) & 15(3)(e)---Punjab Industrial Relations Act (XIX of 2010), Ss.33 & 47---Removal from service for remaining absent from duty---Grievance petition---Employee who was granted leave for 120 days with full pay, sought extention of leave for further period of two years without pay---Application of the employee for extention of leave, was neither sanctioned nor refused; and employee presuming that leave sought for had been granted to him, did not rejoined his duties---Employee was removed from service after ex parte inquiry---Employee had 784 days credit in his leave account---Employers, could not keep the application of the employee for extension of leave pending, but was bound to either accept it or reject it in view of Standing Order 8(2) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Obligation to communicate rejection of application of the employee became all the more necessary; and he would not have remained absent without leave, if he had been informed about the rejection of his application---Till his application was accepted, employee was not entitled to presume that applied leave had been sanctioned to him---Employer's failure to communicate rejection of the leave application after it was recommended, penalty of removal from service should not have been imposed on the employee, but imposition of lesser penalty of compulsory retirement would have met the ends of justice, as it would commensurate with the gravity of misconduct of the employee---Impugned was set aside and grievance petition of the employee was allowed in the terms that the penalty of his removal from service was converted into compulsory retirement from service. Mubeen-us-Islam's case PLD 2006 SC 602; Muhammad Umar Lodhi v. Managing Director (Power), WAPDA and another 2007 PLC (C.S.) 1; Executive Council Allama Iqbal Open University v. M. Tufail Hashmi 2010 SCMR 1484; Muhammad Ashraf Virk v. General Manager (Administration) Millat Tractors Limited 2005 PLC 265; Muhammad Ali S. Bukhari v. Federation of Pakistan through Establishment Secretary Islamabad and 2 others…

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