Case Details

Citation(s)
1984 SLG 1287 1984 SLD 1287 1984 PLC 631
Labour Appellate Tribunal, Punjab
Appeal No. HYD-217 of 1983, decided on 12th March, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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NASIR ALI

VS

KOHINOOR TEXTILE MILLS LTD., FAISALABAD

Law:

Section:

Industrial dispute- --Absence without leave-Workman absenting without leave application cannot successfully ask for re-instatement-Employer justified in thinking that workman himself deserted and discon­tinued service. Rana Latif Anwar for Appellant. Date of hearing : 28th April, 1982. JUDGMENT This appeal arises from the decision, dated 18th January, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby the application of the appellant for his reinstate­ment in service was dismissed. 2. The allegation against the appellant was of absence for more than ten days. He is alleged to have sent an application for leave by post and that the letter was given to one Sher Ali (P. W.) for being posted. Medical certificate was obtained by him after his recovery. The appellant, however, failed to prove that actually he had sent any leave application. In his statement he stated that he had entrusted the leave application to Sher Ali for being posted but Sher Ali stated to the contrary that the appellant had himself posted the application in his presence. The statement of the appellant shows that he had not accompanied Sher Ali when he was entrusted the leave application for being posted, whereas Sher Ali says that he was with the appellant and the appellant bad himself posted the application. Neither the appellant nor Sher Ali stated that the application was sent under registered cover nor any postal receipt was brought on…
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