Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- - S. 25-A-Workman not permitted to enter Mills and remaining out of job, for nine days and Management terminating his services for unauthorised absence-Management on receipt of grievance notice from workman, serving him charge-sheet to justify its action-Subsequent enquiry a mere farce-Workman ordered to be re-instated in service with full back benefits. Ashraf Hussain Rizvi for Appellant. Abdus Samad for Respondent. Date of hearing : 10th February 1977. DECISION This is an appeal against the order of the Labour Court dismissing the application filed by the appellant under section 25-A, Industrial Relations Ordinance. 2. The appellant was in the permanent employment of the respondent. According to the allegations made by him, he worked up to 20th July, 1975 and when on 29th July, 1975 he went to the mills, he was stopped at the gate and was not permitted to enter by the Management. He, therefore, served a grievance notice dated 6th August, 1975. 3. On the other hand, the case of the respondent is that the appellant remained absent without any leave w. e. f. 29th July, 1975. A grievance notice dated 6th August, 1975 was received on 9th August, 1975 The allega­tion made by the appellant was refuted. A charge-sheet dated 13th August, 1975 was served upon the appellant calling upon him to show cause why he remained absent without leave for more than 10 days. The appellant did not make any reply. An Inquiry Officer was appointed and intimation to that effect was sent to the appellant but he failed to attend the inquiry and there­fore, ex parte inquiry was held. He was found guilty and second show cause notice was given. To this also he did not send any reply. Conse­quently, he was dismissed from service by a letter dated 16th September, 1975. It was also pleaded that the grievance notice dated 6th August, 1975 was premature as till then no cause of action had accrued to the appellant. 4. Evidence was tendered by the parties. On the assessment of the evidence the learned Presiding Officer of the Labour Court came to the conclusion that the grievance notice dated 6th August, 1975 sent by the appellant was premature…

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