Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---- Ss. 25-A & 37-Re-instatement-Back benefits--Grievance peti­tion should be expeditiously disposed of by Labour Court and if possible within seven days- Workman on receipt of information about serious illness of grandfather leaving for native place without obtaining leave-Resuming duty after absence of more than 10 days-Dismissed from service for misconduct of absence without leave-Dismissal order set aside by Labour Court on grounds (1) alleged misconduct of absence brought to notice of workman not within one month after his resumption of duty and (2) absence was not wilful and did not involve any mens rea on his part-Only seventy-five per cent. of back wages awarded on ground that work­man was partly responsible for delay occasioned in decision of grievance petition because of certain adjournments on account of his absence-Workman having absented without leave, further held, by Appellate Tribunal not entitled to full back benefits-Order of Labour Court, in circumstances, upheld by Appellate Tribunal. Syed Ashraf Hussain AIM for Appellant. Date of hearing : 8th May, 1983. DECISION This appeal is directed against the decision of the learned IV th Labour Court, given on 10th March, 1983, mainly allowing the grievance petition of the appellant against his dismissal from service, and directing the respondent-Corporation to reinstate him in service but awarding him only seventy-five per cent of back benefits on the ground that the appel­lant was partly responsible for the delay occasioned in the decision of this case. 2. The facts of this case, shortly stated, are that the appellant was employed as Junior Clerk/ Time-keeper in the respondent-Corporation with effect from 12th March, 1978. It is the case of the appellant that on 10th November, 1981 he left for Swat on receiving telephonic informa­tion that his grandfather was seriously ill. It is an admitted position that the appellant left for Swat without obtaining any leave from the respondent-Corporation. It is further the case of the appellant that at Swat he fell ill and was under the treatment of Dr. Muhammad lqbal till 26th November, 1981 and on…

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