Law:

Section:

(a) Industrial dispute-Absence from duty-Worker remaining absent due to illness-Total period-' absence not exceeding leave due under law-Such period having been converted into leave with without pay - Worker, in circumstances, cannot be charged for absence from duty-Discharge on basis of charge of absence, in circumstances, held, unlawful. (b) Industrial dispute - "Misconduct" - Charge once with drawn-Fresh charge on same grounds-Not permissible. ORDER MD. ANWAR HOSSAIN (CHAIRMAN). This is an application under section 25(1)(b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, for re-instatement in service with back wages. Fact of the case is that complainant 1st party Reza Khan was Head Ministry in the employ of the 2nd party. In September 1968 he was duly confirmed at a wage of Rs. 250 per month. According to the complainant he fell ill and could not attend to duty from 11-3-1970 and accordingly applied for leave by sending a petition. From 16-3-1970 there was a strike in the Mill and the strike continued till 26-4-1970. On 28-4-1970 the complainant went to join his duties but he was not allowed to join. On 29-4-1970 the complainant was discharged on the ground of keeping continued ill health and also on the ground of unauthorised absence from 11-3-70. On 30-4-1970, however, discharge order was withdrawn and on the same day the charge-sheet was submitted against the complainant -to show cause why he should not be discharged on grounds of physical incapacity, continued ill-health and absence on that account. The complainant denied the charges and explained his position but his explanation was not accepted. He was censured. But in consideration of his old age the Management asked him to join on condition of discharging without notice if he again absents without leave. The complainant did not like the condition and did not join. He sent a representation but it was not accepted and he was discharged on 20-5-1970. On 1-6-1970 the complainant filed a grievance petition by producing fit certificate from the Civil Surgeon, Bogra, but got no reply. Thereupon the present case has been filed on 8-7-1970 for re-instatement and back…