Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O, 15 (3) (e)-Wilful absence- Application for extension of leave submitted after expiry of ten days of sanctioned leave-Such application, held, not sufficient ground for remaining absent without leave-Leave on account admissible holidays unspent in a year-Carrying forward--Admissible to extent of leave admissible in a year.-Leave thus admissible already granted and availed-­Claim for more leave on basis of unspent annual holidays during past 3 years, held, not tenable--Holidays--Factories Act (XXV of 1934), S. 49-B. Mirza Muhammad Kazim for Appellant. Date of hearing: 29th October, 1980. ORDER The appellant, who was employed as a Double Sider in the respon­dent mills, was granted 52 days leave with effect from 15th November, 1978 to 5th January, 1979. As he failed to report for duty on the expiry of his leave, he was placed under suspension and was charge-sheeted for remaining absent without leave from 6th January, 1979 to 27th January, 1979. The appellant, however, did not participate in the domestic enquiry in spite of repeated opportunities being granted to him for this purpose and accordingly the domestic enquiry was held ex parts. It may be stated at this stage that the case of the appellant is that though he reported at the gate on the mills on the dates of the enquiry, he was reused admittance. This contention of the appellant has neither been accepted by the Management nor by the learned Labour Court. On the basis of the report of the Enquiry Officer, the appellant was dismissed from service, vide letter, dated 6tb April, 1979. The appellant challenged his dismissal orders before the learned Labour Court which has rejected the same on the ground that the appellant was unauthorizedly absent without leave, after the expiry of sanctioned leave from 6th January, 1979 to 27th January 1979. The appellant has accordingly come up in appeal to this Tribunal. 2. Mr. Mirza Muhammad Kazim, the learned counsel for the appel­lant, submitted that as the appellant had not taken any leave during the preceding 3 years, he was entitled to avail of 72 days leave as annual…

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