Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(xxviii)--'Workman'--Person not performing duties of manual and clerical nature but holding a valid power of attorney and performing duties of a manager in bank--Such person, held, was not "workman". 1982 P L C 595 and 1985 S C M R 1511 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---S(. 25-A--Termination of services--Unauthorized absence from duty-­Charge of remaining absent unauthorizedly from duty proved against employee as a result of domestic inquiry--Employee unable to point out any illegality or irregularity in domestic enquiry--Employee producing medical certificate but failing to produce in evidence doctor under whose treatment he claimed to have remained--Order of Labour Court allowing grievance petition set aside. Khalid Javed for Appellants. S. Fashat Hussain Rizvi for Respondent. Date of hearing: 15th October, 1986. DECISION This is an appeal filed by Messrs Habib Bank Limited, against the impugned order, dated 10-3-1985, passed by Sind Labour Court No. VI at Hyderabad, who had allowed the grievance petition of the respondent, Syed Tafuzzal Hussain Jafri, under section 25-A, I.R.0.1969. 2. The brief facts of the case are that the respondent was employed with the appellant-Bank as Grade III Officer and he was duly issued a power of attorney by the appellant-Bank. The respondent fell ill on 14-10-1980 and submitted Medical Certificate from time to time. He was served with a charge-sheet dated 17-2-1982 containing two charges, namely, unauthorized absence from duty for more than 10 days, and wilful insubordination, because he failed to comply with the instructions regarding adjustment of liabilities of the appellant-Bank upon him amounting to Rs.75,162.83. A domestic enquiry was then conducted against him and after service of second show-cause notice, he was finally terminated on 5-7-1982. Subsequently, his departmental appeal, dated 5 .8-1982 was also rejected by the appellant-Bank orb 17-8-1982. Thereafter, the respondent approached the Labour Court agitating that he had been ill and that the enquiry was conducted one snidely…

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