Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) -- S. 25-A-R e-instatement-Dismissal of work nun on account of long absence without leave ordered by Management without charge-­sheet and inquiry-Not sustainable-Order of Labour Court dismissing application under S. 25-A set aside and workman ordered to be re-instated. Mughees Ahmad Samdani for Appellant. S. A. Surwana for Respondent. . Date of hearing: 20th September 1977. DECISION This is an appeal against the order of the Labour Court dismissing the application made by the appellant under section 25-A, I. R. O. for re-instatement. 2. The appellant was in the permanent employment of the respondent. He had proceeded on leave on medical grounds w. e. f. 11-4-1975. On expiry of the leave he did not join and, therefore, he was dismissed from service on 30th December 1975. The appellant, however, appeared before the management on 2-1-1976 with a medical certificate issued by Dr. Iqbal Ahmad, but he was informed that he bad already been removed from service w. e. f. 11-6-19 5. The appellant after service of grievance notice approached the Labour Court by making an application under section 25-A,I. R. O. He contended that on the expiry of first leave he had applied for the extension of the leave for one month which was duly sanctioned and, therefore, he could not join his duties on account of his prolonged illness and he had informed the management by a registered letter. 3. The application was resisted and it was pleaded that the appellant was in the habit of remaining absent without leave and he was previously warned in the years 1968 and 1970. Again he was warned five times during the years from 1970 to 1974. It was admitted that the leave was extended but no further intimation was received from the appellant and on account of continuous absence the inquiry was dispensed with in view of Rule 6-B of K. P. T. Digest of Pay, Allowances and Leave Rules (Efficiency and Discipline) Rules; and was dismissed from service. Evidence, was tendered by both the parties. On assessment of the evidence the learned Presiding officer entertained the view that in view of the aforesaid rule relied upon by the Management, no inquiry wag…

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