Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) ---- -- S. O. 15 (3) (a)---Absence without leave for more than ld days--­Whether constitute a misconduct in all cases and under every cir­cumstance. The workman becoming unwell submitting application for leave with­out indicating period for which leave applied for and not attending to his duties without ascertaining fact regarding sanction of leave. Subsequently reporting for duty after about 1i months and submitting certificate countersigned by authorised Doctor recommending leave and certifying illness for entire period of absence. Management meanwhile initiating disciplinary proceedings for misconduct under S. O. 15 (3) (a) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and on charge of absence exceeding 10 days without leave passing dismissal Order. Question before the Labour Appellate Tribunal was whether in the circumstances there was a misconduct warranting punishment of dismissal. Held: While the phrase "absence without leave" as sued in sub­ clause (e) of clause (3) of Standing Order 15, restricted cases of wilful or even negligent absence without leave, since the phrase is not qualified by any such epithets, at the very best cases where the absence is due to circum­stances beyond the control of the workman do not fall within the purview of the aforesaid sub-clause. No doubt the phrase "absence without leave" is not qualified by any such epithet as wilful or deliberate, `but it cannot be contended that "absence without leave for more than 10 days" simpli­citer constitutes misconduct without consideration of other circumstances which may be relevant and irrespective of the state of mind of the worker. It may be pointed out that the various punishments specified in clause (2) of Standing Order 15 can only be awarded for an act of "misconduct". The acts and omissions which constitute misconduct have been specified in clause (3). It is, therefore, to be seen as to what is connoted by the terra "misconduct". Since the Standing Orders do not define this term but merely state the acts and omissions which are to be treated as…

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