Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 25-A & 37-Termination of service on medical grounds­-Assistant Yard Master of Road Transport Board challenging termination for medical. reasons on plea that he was never examined by Medical Officer issuing certificate-Medical certificate containing self-contradictory reports-Petitioner producing certificate of Medical Superintendent of Government Hospital certifying his fitness-­Termination order, in circumstances, held, not justified-Order of Labour Court dismissing grievance petition set aside and appeal for re-instatement accepted by appellate Tribunal-Certificate of Medical Superintendent having not been produced earlier before employer back benefits not granted. Nazir Ahmad Naz for Appellant. Sh. Aftab Ahmad for Respondent. Date of hearing : 19th February, 1983. JUDGMENT The facts giving rise to this appeal are that the appellant was employed as a driver on 3-8-1961. He was promoted to the post of Assistant Yard Master on 19-4-1980. He was terminated on 27-3-1981 on medical grounds. The medical report relied upon by the respondent in this respect is Exh. R-3. The appellant deposed that he was never medically examined by the medical officer of the respondent and that only his signatures were received. In spite of this denial the doctor was not examined to rebut the allegation and to prove report Exh. R-3. The appellant on the contrary produced medical certificate of the Medical Superintendent to the effect that he was fit for his duty. 2. The medical certificate Exh. R-3 relied…

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