Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 34 read with G. T. S. Establishment Standing Instruction No. 16-Sick. leave-Medical certificate for grant of sick leave issued by a Doctor or Incharge of any Local Body dispensary - Accept­able under Instruction No. 16-Competent authority to satisfy itself regarding non-availability of services of Board's Medical Officer or a Doctor of a Government or Local Body hospital only in case of private medical practitioner-No instructions issued to refer any application for sick leave to any medical officer after expiry of such leave ­Board's Doctor stating worker not to have been sick on a day sub­sequent to expiry of leave and not in a position to say that he was not sick during period of leave applied for-Procedure adopted in refusing to grant sick leave on basis of Doctor's opinion, held, erroneous and against instructions-Leave with pay directed to be sanctioned accordingly. Petitioner in person. Shafique A. Malik for Respondent. DECISION The petitioner, Muhammad Ashraf is employed as Junior Clerk in the Government Transport Service, Lyallpur. His leave was rejected by his employer and so he has filed this petition under section 25-A of the Industrial Relations Ordinance, 1969, for a direction to the employer to sanction the leave. 2. The facts are undisputed. On 3-11-75, the petitioner applied for seven days leave on the ground that he was sick. To support his case he attached a Medical Certificate issued by the Assistant Medical Officer, District Council Dispensary, Chiragbabad Lyallpur. The application is Exh D. 1 and the Medical Certificate is Exh. D. 2. It was stated in the Medical Certificate that the petitioner was down with acute Malaria and rest was recommended for seven days. The District Manager did not grant leave. The petitioner joined duty on 10-11-75. On the next date he was directed to appear before the Medical Officer of the Government Transport Service. This letter is Exh. D-6. The petitioner was informed that the medical leave applied for by him from 3-11-75 to 9-11-75 was under consideration and that he was directed to appear before the Medical officer of the unit immediately for…

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