Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15--Dismissal from service--Misconduct-­Absence from duty without permission--Petitioner permanent workman working as Electric Repair Mechanic in respondent organization, dismissed from service for misconduct on account of his absence from duty without leave--Petitioner was granted leave on account of illness of his father and wanted extension in leave which was refused--Petitioner's departmental appeal rejected on technical ground--Enquiry Officer found petitioner guilty of misconduct and his past record not pleasant--Enquiry proceedings not fulfilling requirement of fairness and evidence beyond charge made subject of Enquiry Officer's conclusion regarding guilt of misconduct and personal integrity of worker--Yet fact remaining that worker was absent from duty without leave though under genuine difficulties, and his application showing that he was fully conscious of sense of duty and his absence from duty was not intentional--Held, order of dismissal from service of worker was harsh in circumstances--Order of dismissal set aside and instead his increment ordered to be withheld as appropriate compensation to employer for lapse of duty by worker. 1980 P L C 519; 1986 S C M R 1864; P L D 1973 Pesh. 95 and 1984 CLC259rel. ORDER In this application, under section 25-A, Industrial Relations Ordinance, Mr. Umar Zada, the present person aggrieved, has come, for the redress of grievance, that his dismissal, was not in conformity with law, for, no opportunity was provided, of defending the matter, including the personal audience before the Competent Authority, nor the copies 6f the ex parte proceedings were provided. It is also the contention of the applicant aggrieved that there was no justification of the refusal of leave, holding him on the charge of absence, as a subordinate of the rules of discipline what the applicant is governed, and consequence of the major penalty, was unwarranted. 2. The applicant concerned, has introduced himself as a permanent workman, in the position as Electric Repair, Mechanic, in…

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