Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.2 (xxviii) & 25-A--Grievance petition--Appellant engaged as salesman on commission basis to sell different varieties of cigarettes in an assigned particular area--Such appellant, held, was not a "workman" and consequently not entitled to maintain grievance petition under S.25-A. 1980 P L C 622 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal for un-authorised absence from duty-­Appellant. remaining absent un-authorisedly for more than ten days and delibrately avoiding to participate in domestic enquiry--Appellant having failed to either justify his absence from duty or to establish genuineness of his absence, his dismissal from service, held, was quite correct and there was nothing wrong with the impugn-e-d-order. DECISION This is an appeal filed by the appellant against an impugned order, dated 5-6-1983, passed by Sind Labour Court No. VI Hyderabad, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O., 1969. 2. Brief facts of the case are that the appellant was in the service of the respondent establishment as a salesman. On 29-5-1981; the appellant granted leave upto 25-6-1982 for visiting India. After expiry of the leave, the appellant did not resume his duties but through a telegram had sought an extension of leave for 15 days on the ground of illness of his mother. Thereafter, on 31-7-1982, the appellant had resumed his duties had also submitted a Medical Certificate issued from Doctor at Sherpur (India) in support of the illness of his mother. Then, the appellant was charge-sheeted for remaining absent unauthorisedly with effect from 26-6-1982 to 30-7-1982. As the reply to the charge-sheet was not found satisfactory, therefore, a domestic enquiry was conducted. However, the enquiry was ex-parte as the appellant had failed to appear before the enquiry officer. Ultimately as the misconduct of the appellant was established in the said enquiry, therefore, he was dismissed from service and being aggrieved with this order the appellant approached the Labour Court under section 25-A, I.R.O. 1969, further the appellant had…

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