Case Details

Citation(s)
1979 SLG 1065 1979 SLD 1065 1979 PLC 502
Labour Appellate Tribunal, Sindh
Appeal No. KAR-302 of 1978, heard on 31st July, 1979.
Z. A. CHANNA, APPELLATE TRIBUNAL

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MESSRS OLYMPIA SPINNING & WEAVING MILLS LTD., KARACHI

VS

FAZAL WAHID

Law:

Section:

Industrial dispute------ --Notice of enquiry or grievance notice-Service of-Sending under postal certificate-Not proper service-Does not carry pre­sumption of receipt as in case of service through registered post-­General Clauses Act (X of 1897), S. 27-[Zaibtun Textile Mills v. Labour Union, Karachi 1972 P L C 507 and Constitutional Petition No. 176 of 1974 (unreported) dissented from]. Zaibtun Textile Mills v. Labour Union, Karachi 1972 P L C 507 and Constitutional Petition No. 176 of 1974 (unreported) dissented from. Zamirul Hassan for Appellant. Muhammad Kazim for Respondent. Date of hearing : 31st July, 1979. ORDER This appeal by an Industrial Establishment is directed against the decision given on 1st July, 1978, by the learned Labour Court No. It, Karachi, directing the re-instatement of the respondent in the service of the appellant and giving him continuity in service with back benefits. 2. The respondent, who was employed as an unskilled worker in the establishment of the appellants, remained absent from his duties from 1st June, 1976, uptil 17th August, 1976. In justification of his absence, he produced certificate and slips from the Social Security Dispensary. In view of these certificates, the appellants, who had dis­missed the respondent from service, vide their letter dated 19th August 1976, took back the respondent in service and withdrew the letter of dismissal. 3. The case of the appellants is that the respondent attended his duties for 2 hours on 2nd September, 1976, and thereafter has conti­nuously remained absent unauthorisedly from his duties. It is further the case of the appellants that by reason of the respondent remaining absent from his duties, he was sent a charge-sheet, dated 9th October 1976, and a letter for the holding of a domestic enquiry, dated 13th October 1976, advising him to appear before the Enquiry Officer on 18th October, 1976, and a second show-cause notice, dated 22nd October, 1976. The case of the respondent, on the other hand, is that he was gate-stopped and has not been allowed to perform his duties. The respondent further claims that he came to know of his dismissal from service on 30th October 1976, when he was…
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