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Industrial Relations Ordinance (XXIII of 1969)---- --Ss. 25-A & 38 (3)-Grievance petition against dismissal for mis­conduct-Workman charged of absence without leave- Absence due to illness-Workman even not participating in enquiry on grounds of illness-Fact of illness remaining not decided-Order of Labour Court allowing employer to hold fresh enquiry after re-instatement of workman, in circumstances, upheld by Appellate Tribunal. Malik Bashir Ahmad and Mian Nisar Ahmad Saleem for Appellant. M. A. Hamid Awan for Respondent. Date of hearing :12th December, 1983. JUDGMENT The appeal titled above emanates from the decision, dated 24th August, 1982 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozwala. 2. The respondent initially applied for eight days' casual leave. It was rejected vide intimation Exh. R. 2. The respondent made another application Exh. R. A. appearing on page 119 of the lower Court's file for reconsideration of the said leave application. Thereafter other applications for further leave on medical grounds were sent by the respondent but they were supported by medical certificates of private doctors and not of the Medical Superintendent, Sheikhupura. He was asked to resume duty producing fitness certificate of the Medical Superintendent, Sheikhupura. He was charge-sheeted for absence from 12th June, 1980 to 19th July, 1980. He did not join enquiry and had been applying for leave on medical grounds. The learned lower Court had allowed the appellant to hold enquiry afresh and fixed two months for the completion of the same. 3. It has been argued that according to the evidence of R. Ws. all the employees had been intimated by affixing a notice on the notice board that leave on Medical grounds would be allowed only on the medical certificates of the medical Superintendent, Sheikhupura, so the respondent was not justified in relying upon the certificates of private doctors. If in reality the respondent was not ill, of course his absence was wilful. But the facts were otherwise than the mere fact that he did…

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