Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)­.- - S. O. 18-Terms of S. O. 18 express and mandatory in nature and breach thereof fatal. Naseem Silk Industries v. 5th Sind Labour Court and another P L D 1974 Kar. 80 and Saleemsons Ltd. v. The Second Sind Labour Court, Karachi and another P L D 1973 Kar. 1 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V I of 1968)- -- S. O. 18 and Industrial Relations Ordinance (XXIII of 1969), S. 34-Grievance procedure-Workers having option to seek redress of grievances under S. O. 18 or S. 34, I. R. O., may choose either of two remedies. QrookeBond (Pakistan) Ltd. v. Mahabat Khan etc. 1975 P L C 156 rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -- S. O. 15(3)(e)-Absence from duty without leave= "Abandonment" of service--Meaning. Black's Laws Dictionary ref. Messrs Jeewanlal Ltd., Calcutta v. Its Workmen A I R 1961 S C 1567 not applicable. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)­- - S. O. 15(3;(e)-Misconduct-Absence without leave for more than ten days-:Mere absence, though prolonged, does not by itself terminate employment-Notice or charge-sheet not issued to permanent workman for such absence nor any orders (of dismissal) passed-Order of Labour Court re-instating workman concerned-Held, not open to any exception. Muhammad Ali Saeed for Petitioner. Ali Amjad for Respondents Nos. 2 to 9. Date of hearing :10th March 1976. JUDGMENT This constitutional petition calls in question the composite decision dated November 28, 1973, of the First Sind Labour Court, by which the respondents 2 to 9 were ordered to be re-instated in their employment, but without any back benefits, pending any action to be taken against them by the present petitioners. 2. The respondents 2 to 9 were employed by the petitioners in various categories. It is alleged that, on the outbreak of war between India and Pakistan, and the bombing of Karachi in December 1971, the said respondents took fright, and, leaving their quarters, took to places of safety…

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