| Citation(s) |
|---|
| 1985 SLG 1952 1985 SLD 1952 1985 PLC 560 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-193 of 1982. heard on 21st January, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. HYD-193 of 1982. heard on 21st January, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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ABDUL HAQUE
VS
MESSRS FAUJI SUGAR MILLS
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- -----S. O. 15 (3) (e)-Misconduct-Absence without leave for more than ten days-Workman proceeding on sanctioned leave but not resuming duty after expiry of leave - Plea that application for extension on grounds of illness sent-Receipt of any application denied by employer-Workman admittedly not caring to communicate his whereabouts to employer during period of absence while travelling from one place to another-Conduct of workman, in circumstances, held, clear that he was unmindful of his absence from duty hence rightly held guilty of misconduct. S. Fasahat Hussain Rizvi for Appellant. Raees M. Mushtaq for Respondents. Date of hearing: 21st January, 1985. DECISION This appeal is directed against the order of Labour Court No. V1, Hyderabad, who on 20th March, 1982 dismissed the grievance petition of the appellant. 2. The facts of the appeal as they emerged from the record are that the appellant Abdul Haque was in the service of the respondents as a Turbine Operator. He obtained leave for 10th and 11th December, 1977 and then he proceeded to upcountry. He did not resume duty in the respondent .mill till 16th February, 1978. In the meantime, i.e., on 14th January, 1978 the appellant was dismissed from service. He challenged his dismissal in the Labour Court at Hyderabad under grievance petition but the same was also dismissed on 4th March, 1979. The appellant then appealed before this Tribunal which was decided on 15th October, 1979. This Tribunal set aside the order of the Labour Court but gave an option to the respondents to continue proceedings against the appellant after he was served with a second show-cause notice and a copy of the Enquiry Officer's report. The respondent was also authorised to pass appropriate orders in respect of the alleged misconduct of the appellant within one month from 15th October, 1979. In the alternative the appellant was to be re-instated. After decision of this Tribunal the appellant was issued second show-cause notice and was supplied a copy of the enquiry report. On 12th January, 1980 the appellant sent a reply to the second…
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