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Industrial dispute­----- ----Habitual absence-Warning issued previously to refrain from being absent-Cannot be treated as punishment so as to contend double punishment after regular charge-sheet for absence subsequently-Such warnings, held, establish persisted habit of being absent. Ali Amjad for Appellant. ORDER The appellant, who was employed in the Machine Shop of the res­pondent-Company, was dismissed from service on 15-1-1979, after a domestic enquiry in which, according to the report of the Enquiry Officer, the charge of habitually being absented from his duties without leave was established against the appellant. The appellant challenged dismissal from service by way of a grievance petition under section 25-A, I. R. O. before the learned Labour Court, wherein he alleged that he had been victimized due to his Trade Union activities. He claimed that he was a nominee of the C. B. A., was the Vice-President of the Works Council between 1969 to 1973 and was also General Secretary of the Workers' Union and in the performance of his duties in connection with the above posts, he had incurred the displeasure of the respondent-Company. The learned Labour Court has dismissed the appellant's application on the ground that the appellant was repeatedly absent from his duties without leave in spite of warnings administered to him. The learned Labour Court has pointed out that it is an admitted posi­tion that the appellant had remained absent from duties for 170 days in the year 1978 and 232 days in the year 1977. The appellant has now come up in appeal against the decision of the learned Labour Court. 2. It was contended by Mr. Ali Amjad learned counsel for the appellant, that the proceedings against the appellant, were initiated due to his absence from duties from 14-11-1978, but in respect of his absence, the appellant had established that he was unable to attend to his duties on account of an injury sustained by him on the leg. Mr. Ali Amjad sought to rely on 2 pieces of evidence in support of his contention that the appellant was pre­vented by reason of his injuries from attending to his duties. The first piece of evidence is the Medical Certificate said to have…

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