Law:

Section:

Industrial dispute--- ----Medical leave -Leave on account of sickness-Medical certificate by private .practitioner duly countersigned by employer's doctor furnished-Mere fact that worker goes to purchase medicines essential for his recovery and seen, held, cannot lead to an in­ference that appellant being fit to attend to his normal duties. Raes Muhammad Mushtaq for Appellant. Date of hearing : 22nd April, 1982. ORDER This appeal by the Habib Bank Ltd. is directed against the decision of the learned VIIth Labour Court, Sukkur, given on 21st October, 1981, on the grievance petition of the respondent workman challenging his dismissal from service, vide order dated 11th November, 1980. The learned Labour Court, in its decision, has held that as the respondent employee during the relevant time was ill and has produced a medical certificate, which was countersigned by the bank's doctor, the dismissal orders are invalid and has accordingly directed the bank to re-instate the respondent in service with full back benefits. The admitted facts of this case are that the respondent was employed in the appellant Bank on or about 21st June, 1970. By order, dated 26th September, 1972, he was promoted as a clerk. On 18th March. 1980, the Manager of the Mohani Bazar Branch, Nawabahah, received an application, dated 15th March, 1980, from respondent requesting, for leave, the period whereof was not specified. It appears that on that very date, the Manager of the Mohani Bazar Branch, where the respondent was employed, had seen the respondent standing before the branch and apparently on his report the Assistant Vice­-President of the bank wrote to the respondent regarding his being seen by the manager of the bank standing before the bank and infor­med him that the management had taken a serious view of the matter and the branch manager had been instructed to mark him absent and not to pay his salary for the period of his absence. The letter further required the respondent to immediately report to the Assistant Vice­-President so that he could be medically checked by the bank's doctor. This letter was followed by another letter, dated 31st March, 1980 from the Assistant…

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