Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (4)-Charge-sheet-Charge of absence for more than 10 days-Charge-sheet having been served when absence was more than 10 days, in circumstances, held, not defective. (b) Industrial dispute - -- Dismissal-Order cannot be made effective with retrospective effect-Charge of absence-Workman asked to resume duty but remaining absent - Dismissal order, in circumstances, held, effective from date of issue and not from date of absence. Wasiullah Qureshi for Appellant Akhtar Ahmed Bhutto for Respondents. Date of hearing : 5th February, 1981. DECISION The appellant, who was employed as Assistant Fitter in the respon­dent mills, was dismissed from service, vide letter, dated 21st February, 1980 issued by the General Manager of the respondent mills, on the charge of remaining absent from his duties with effect from 8th December, 1979. The appellant challenged his dismissal orders before the learned Seventh Labour Court at Hyderabad, which has dismissed the appellant's grievance petition, holding that it bad been duly established that the appellant had unauthorisedly remained absent for more than ten days with effect from 8th December, 1979. Aggrieved by this decision, the appellant has come up in appeal to this Tribunal. 2. Mr. Wasiullah Qureshi, the learned representative for the appellant, has assailed the impugned decision of the learned Labour Court on the ground that it had not been established that the appellant was absent from his duties for more than ten days. I find no substance in the contention of the learned representative. The appellant himself has annexed a photostat copy of an application which he made to the respondent mills, stating that he had been absent with effect from 8th December, 1979 and requested for leave upto 22nd December, 1979. This application was made on 17th December, 1979. The application, thus, itself establishes that the appellant at the time of making of the applica­tion was absent without leave for ten days and continued to remain absent at least till 22nd December, 1979, There is, however, evidence to show that be continued to…

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