Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.0.15(4)--Alleged misconduct to be brought in writing to notice of accused workman--Limitation, when to start--Judgment by employer about commission of misconduct was a question of fact when employer made up mind--Workman absenting and sending leave applications with medical certificates--No such application or certificate sent after some time--Employer forming his that misconduct has occurred-­Notice sent thereafter--Limitation in circumstances, held, began not from date of start of absence but from the date employer decided that misconduct had occurred. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.O. 15 (3) (e)--Absence from duty from more than 10 days-­Effect--Conduct of workman, held, was to be examined in light of circumstances, whether absence was intentional or un-intentional or beyond his control--Absence due to illness of an employee for about one year--Period of absence already treated as leave without pay while awarding penalty of dismissal from service--Labour Court accepting grievance petition, ordered re-instatement, and modified impugned order with minor punishment of withholding increment of one year on ground that same would meet requirements of Justice. ORDER Mr. Sajjad Rasool has put up a very brief prayer, that his absence from duty from 12-9-1985 to 15-9-1985 was due to illness, which developed during the period of Casual Leave. He was removed to Multan, his native town and remained under medical treatment for further period from 15-9-1985 to 30-9-1986. 2. Applicant sent the medical certificates supporting by leave application duly endorsed by the Civil Surgeon. Despite that illness respondent issued show-cause notice dated 5-11-1985. Respondent again issued another show-cause notice dated 29-6-1986 that applicant has remained absent for more than ten days. Respondent issued enquiry letter dated 17-7-1986 for his appearance before the Enquiry Officer on 31-7-1986 when he was confined to bed and was not in position to travel and come to Karachi. On 30-9-1986 applicant was given the…

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