Law:

Section:

(a) Industrial dispute---- --- Termination of service--Railway employee`s services were terminated on account of absence without leave for more than 5 years--Duty report admittedly was submitted by employee before expiry of alleged 5 years absence--Held: in circumstances it was necessary to charge sheet and to prove his absence by holding inquiry before removing him from service. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance notice--Plea that in grievance notice it should have been asserted that departmental appeal was preferred and its result was not communicated, repelled absence of such plea, held, would not make the grievance notice as time-barred. JUDGMENT The decision dated 22-10-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala has been challenged, whereby the respondent was directed to be reinstated in service without back benefits. 2. The allegation for which the respondent was declared to have ceased to remain in service was that he had remained absent without leave for more than five years. The case of the respondent before the learned lower Court was that on 30-8-1983 he had reported for duty but he was not given duty. Copy of duty report dated 30-8-1983 is Exh. P.1. Learned counsel for the appellant has argued that no receipt was produced to prove that actually the duty report Exh. P.1 was delivered. The respondent in his statement deposed that he had reported for duty on 30-8-1983 and that copy of the report was Exh. P.1. No evidence oral or documentary was produced to rebut the statement of the respondent. The appellant in order to rebut the evidence of the respondent could have produced receipt register to show that no such report, copy of which is Exh. P.1, was entered in the said register. The respondent thus proved that he on 30-8-1983 had reported for duty but duty was not given to him. Since before the expiry of five years he had reported for duty, it cannot be said that he had remained absent without leave for more than five years. In these…

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