Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. O. 15 (3) (e) read with Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3)-Dismissal for misconduct-Charge of absence for more than 10 days-Leave not sanctioned despite request supported by medical certificate-Fact regarding intimation to accused of rejection of his leave application not proved-Accused not afforded defence opportunity in domestic enquiry-Order of Labour Court awarding re-instatement with back benefits, in circumstances, upheld by Appellate Tribunal. Asghar Mahmood for Appellant. Hamid Ali Qureshi for Respondent. Date of hearing: 2nd November, 1982. JUDGMENT This appeal arises from the decision dated 11th May, 1980, passed by the learned Presiding Officer, Labour Court No. 1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated without back benefits. Facts are that the respondent obtained leave for two days i.e. 17th and 18th February, 1979 on account of illness. He remained absent thereafter upto 24th of March, 1979. He sent two medical certificates but leave beyond 18th February, 1979 was not allowed and absents notice was issued on 17th February, 1980. Since no reply come on 26th March, 1979 the…

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