Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal from service--Worker dismissed for allegedly absenting himself from duty for more than ten days-­Contention of worker, that he had been present at factory gate but was disallowed to enter same, not allowed to be proved--Inquiry Officer also not allowing worker an opportunity to defend charge against him and taking hasty steps at the behest of employer by holding an ex parte inquiry and declaring worker guilty of misconduct--Order of dismissal set aside and worker was directed to be reinstated in service. Latif Saghar for Appellant. Khurshid Ahmad Siddiqi for Respondent. Date of hearing: 7th December, 1986. DECISION This is an appeal filed by the appellant against an impugned order, dated 25-3-1984, passed by the Sind Labour Court No. III, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O. 1969. 2. The brief facts of the case are that the appellant-was in the service of the respondent establishment since 2-12-1982 as Accounts Clerk and that his work and conduct was quite satisfactory. On 18-8-1983, the appellant was served with a charge-sheet containing the allegation of his absence from duty since 6-8-1983, without intimation and permission. The appellant denied the charge and contended that he was not allowed to enter into the premises of the respondent establishment on 9-8-1983 That on 7-7-1983, the appellant left the office at 11.00 a.m. without intimating anybody on the ground of his illness and on 10-7-1983 he sent leave application by registered post alongwith a Medical Certificate issued by a private medical practitioner On 19-7-1983, the appellant sent a letter to the Managing Director of the respondent establishment alleging therein that one of the Directors, namely, Mr. Hatim, had called him in his office and had abused him in filthy language and for this reason, he left the office at 11.00 a.m.; and that an action against the said Director be intimated to him and that he had also lodged such report with SITE Police. That he was issued a letter to appear before the Enquiry Officer, namely, Mr. Jaffery on 30-8-1983 who was…

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