Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S. O. 15 (3) (a) & S. O. 8-Misconduct-Absence for more than ten days without leave--Absence due to circumstances beyond control of workman-Does not constitute misconduct-Accused remaining absent for 17 days-No leave application submitted­ Medical Certificate from Registered Medical Practitioner certifying illness for entire period of absence submitted with explanation to show-cause notice-Certificate simply ignored by management without rebutting or controverting it and Inquiry Officer though referring to it not discussing its effects-No material on record to cast any reflection or doubt upon contents of certificate ­Accused, in circumstances, being absent due to illness and for reasons beyond his control -- Re-instatement awarded by Labour Court Upheld by Appellate Tribunal-Leave not due for period of absence-Period involved, in circumstances, held, to be treated as leave without pay-Accused not totally 'prevented from making application for leave, held, deliberately disregarded S. O. 8 in failing to make application for leave-Baer benefits for period between dismissal and actual re-instatement in service in pursuance of orders of Labour Court, in circumstances, reduced to 50°fo of full back benefits-Back benefits-Re-instatement-industrial Relations Ordi­nance (XXIII of 1969), Ss. 25-A & 38. Wazir H. Rizvi for Appellant. Ch. Rashid Ahmad for Respondent. Date of hearing: 15th December, 1981. ORDER Respondent Jehangir Masih, who was employed in Messrs General Tyre & Rubber Company of Pakistan Limited, the appellants herein, as an unskilled worker was dismissed from service, vide order of the appellants, dated 10th December, 1980, on the charge of being absent without leave from his duties for a period exceeding 10 days with effect from 24th July to 9th August, 1980. The dismissal orders were based on the domestic enquiry proceedings held against the respondent, and according to the report of the enquiry officer, the misconduct with which the respondent was charged was duly established in those proceedings. The respondent challenged the orders of his…

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