Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 38 (3)--Reinstatement - Back benefits - Grievance petition against dismissal for misconduct of absence from duty without leave-Workman on receipt of information of serious illness of son requesting for being relieved from duty and for permission to go home but his request not allowed and due to urgency work. man leaving without permission and ailing son dying next day-­Labour Court exonerating workman from charge and awarding reinstatement but refusing back benefits on grounds that workman left duty without permission-Leaving duty without permission, in circumstances, held, not deliberate and wilful but was due to urgency duly brought to notice of authorities by worker hence refusal of back benefits not warranted and same allowed by Appellate Tribunal. Khadim Hussain for Appellant. Iqbal Afridi for Respondent. Date of hearing : 4th February, 1985.. DECISION This is an appeal in respect of the back benefits of the appellant vide order, dated 8th July, 1984, the Sind Labour Court No. IV at Karachi had declined to give back benefits to the appellant though he found that the appellant was wrongly dismissed in the domestic enquiry and had ordered his reinstatement. 2. The facts of the case are that the appellant, on 26th January, 1983, received an intimation that his son was seriously ill, therefore, he demanded that he should be immediately released from duty and be permitted to go to home. One, Mr. Hashim did not allow him on the pretext that one Shahabuddin was incharge of the section and he would do it. Due to the urgency of…

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