Law:

Section:

Economic Reforms Order (P. O. No. 1 of 1972)- --- Dismissal of employees of taken over industry-Special powers of Managing Director to remove an employee effective during process of taking over and ended on completion of that process­ Dismissal without charge sheet on account of alleged absence without leave long, after taking over set aside by Labour Court and re­instatement with back benefits awarded--Order of Labour Court upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A and 38. Javed Altaf for Appellant. Muhammad Ikram for Respondent. JUDGMINT This appeal has been preferred against the decision dated 23rd November, 1978 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service with back benefits. 2. The respondent sent telegram Exh. R-A seeking leave, in reply to which telegram Exh. R-J was sent to him by the management asking him to join duty, otherwise his leave without medical certificate could not be granted. The respondent did not join duty and he was dismissed. The absence of the respondent was from 13th October 1972 to 14th November 1972. The respondent afterwards has made application for leave for the period from 8th October 1972 to 10th October 1972 but it was refused. No charge-sheet was given and he was dismissed under Economic Reforms Orders, 1972 on 14th November, 1972 by the order of the Managing Director. The order is Exh. R-L. The respondent gave grievance notice on 3rd January, 1973 and brought the grievance petition to the then Junior Labour Court on 23rd January, 1973. The petition was dismissed on 3rd February 1973. An appeal was preferred against the decision on 16th February 1973 but it was withdrawn on 30th June 1973. Second application was made to the Junior Labour Court on 5th February, 1973. The same was dismissed on 12th February 1973. Against this decision an appeal was preferred on 23rd February 1973 which was accepted on 5th September 1973 and the case remanded for decision afresh. In the order it is written…

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