Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 37 read with West Pakistan Industrial and Commer­cial Employment (Standing Orders) Ordinance (VI of 1968), S. O, 15 (3) (a) -,Dismissal on account of misconduct of absence exceed­ing ten days-Workman not attending duty and-submitting applica­tion next day stating that he was under treatment of medical advisor of establishment and that he would resume duty when he felt better--On enquiry medical advisor reporting that workman was not under his treatment and that he was not suffering from disease mentioned by workman and he had referred him to Specialist Doctor who had also confirmed non-existence of disease-Workman producing certificate of Hakeem in support of his ailment when show-cause notice to explain absence issued-Grievance petition accepted by Labour Court on grounds, firstly that workman remained under treatment of Hakeem and secondly that he had been visiting medical advisor and specialist doctor on certain dates which period when excluded the remaining period did exceed ten days-Appellate Tribunal examining Hakeem and both doctors-Hakeem not adducing convincing grounds to support his certificate but doctors justifying their opinion on basis of various tests conducted by them-Workman, in circumstances, held, rightly charged for misconduct and order of Labour Court set aside by Appellate Tribunal. [p. 976aA Kamal Mansur Alam for Appellant. ,. S. P. Lodhi for Respondent. â-ž . Date of hearing,: 14th April, 1983. DECISION This appeal is directed against the decision of the learned Fourth Labour Court, given on 10th February, 1983, setting aside the orders of dismissal from service of the respondent workman and directing his re­instatement in service with full back benefits. 2. The facts of this case, shortly stated, are that the respondent was employed in the appellant organization as an artisan trainee with effect from 7th December, 1974. 1t appears that he was sent for training abroad for two years for the period from 1975 to 1977. On return from training the respondent was posted to work as artisan and on coming into operation of the Billet Mills, he was posted there under the…

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