Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- --S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15--Grievance petition--Dismissal from service--Misconduct show cause for--Habitual absence from duty--Worker replying show-cause notice in nature of apology and asking to be excused for absence which was due to his suffering of a serious disease of epilepsy--Employee did not disclose such disease in grievance petition but attempted to justify same through medical officer--Worker concealing disease from employer for reason of its unpleasant nature and it was not known whether his absence was intentional and wilful or unintentional--Inquiry Officer holding him guilty of absence from duty as he availed of leave without sanction and made prayer for compassion--Case of petitioner,` held, came in category of misfortune of human being who suffered tragedy but sense of duty being a human perception could not be equated with whatever sorrows a person suffered though inspiring compassion-­Order of dismissal from service modified to stoppage of increment of worker for one year with a warning that in such eventuality worker must get treatment--Employer would be within its jurisdiction to proceed according to law in future. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15--Misconduct--When employee was guilty of habitual absence without leave or was absent from duty without leave for more than ten days it constituted misconduct on his part--Where employee first enjoyed leave and then supposed grant of leave with retrospective effect, he disregarded rules of discipline--If warnings were given by employer to employee and no action was taken of putting him on inquiry in respect of absence, it was purely privilege of employer. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15--Industrial Relations Ordinance (XXIII of 1969), S.25-A-­Punishment--Misconduct--Court would examine gravity of act and omission of worker while equating liability of…

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