Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S. O. 15 (3) (a)-Misconduct-Absence without leave-Application for extension of leave-Intimation regarding rejection not given to workman-Charge-sheet served on resumption of duty-In absence of intimation of rejection of application workman, held, could not be treated to have committed misconduct-Consequential dismissal order set aside with back benefits-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38. Ch. Khalid Faroog for Appellant. Munir-ud-Din Ansari for Respondent. Date of hearing : 20th November 1982. JUDGMENT This is an appeal brought against the decision dated 30th of September, 1980 passed by the learned Pre3iding Officer, Punjab Labour Court No. 1, Lahore, whereby the appellant was directed to be re-instated, but back benefits were not allowed. In this appeal, the appellant has claimed back benefits. 2. The learned lower Court did not record any, reasons for not allowing the back benefits. The ground on which the learned lower Court directed the re-instatement of the appellant was that no charge-sheet was served upon the appellant within one month of the occurrence. 3. The facts are that the appellant applied for leave on 30th of August, 1979 from the said date up to 6-9-1979. The leave was disallowed on Ist of September, 1979 for the reason that the appellant was under investigation The appellant did not resume duty even after 6-9-1979 and reported for duty on 26th of September, 1979. He was given duty on 27th of September 1979. The charge-sheet was chalked-out on 27th of September, 1979. The learned Presiding…

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