Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 14--Retrenched worker--Employment on re-start of mills--Employer bound to give preference to retrenched worker if he reports for duty within ten days of resumption of work in following season--Employer has discretion to send notice to retrenched worker requiring him to report for duty not earlier than ten days before resumption of work--Retrenched worker reporting for duty was told to come on the following day--Such action does not amount to refusal on part of employer to give duty--Worker not coming on next day and making no application etc. for 12 days and coming after 24 days with medical certificate of illness--Employer, in circumstances, held, not obliged to employ him. JUDGMENT The appeal captioned above challenges the decision dated 26-5-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 5, Sargodha, whereby the grievance petition of the appellant was dismissed. 2. The facts are that the appellant was a seasonal clerk. He is alleged to have reported for duty on 30-10-1987 for the crushing season of 1987-88 and was asked to come on the following day. The appellant did not report for duty on the following day and his case is that he fell ill and could not recover upto 23-11-1987. He is alleged to have reported for duty on 24-11-1987 and that duty was refused to him. The appellant deposed that he had sent application, copy of which is Exh. P-3 supported by medical certificate, copy of which is Exh. P-2 vide postal receipt Exh. P-7 on 8-11-1987. The law in this respect is contained in proviso to Standing Order 14 of Standing Orders Ordinance, 1968. According to the first proviso, if a retrenched person in a season reports for duty within ten days of the resumption of work in the factory in the following season, the employer-has to give preference to him over other persons. According to second proviso, the employer has a discretion to send a notice by registered post to the worker who was retrenched in the previous season requiring him to report for…

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