Law:

Section:

(a) Industrial dispute-- --- Leave--Medical certificate--Leave granted on basis of medical certificate for certain period--Certificate for more leave produced much after period involved-­Certificate not accepted by employer--Plea that having accepted medical certificate for earlier period employer was precluded from disputing its authenticity subsequently repelled--Held: There was no such estoppel against employer under law--Workman failing to produce Doctor giving such certificate for examination before Labour Court to prove medical certificate and to show that he was so sick as to be unable to resume duty--Party which could produce evidence if failed to produce same, presumption would be drawn against it. 1986PLC42re1. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance M of 1968)-- ---S.Os.15(3) & 15(4)--Misconduct--Quantum of punishment--Discretion of employer to be exercised in reasonable and judicious manner--Employer vested with discretion to choose kind of punishment which would justify to meet ends of justice in a given case--Workman after putting in service of a little more than one month remaining absent without prior leave for more than one year on excuse of illness--Illness not of such nature as to prevent workman from coming to establishment and submitting himself for examination before authorised medical officer--Punishment pf dismissal from service, was not unfair in circumstances to call for any interference--Order of Labour Court converting punishment into that of withholding one increment set aside by Appellate Tribunal. 1987 P L C 668 and 1980 P L C 981 rel. DECISION This is an appeal against the order of the learned Presiding Officer, Sind Labour Court No.IV at Karachi, dated 20-5-1987. 2. The brief facts of the case appear to be that after training the respondent was employed by the appellants. After putting a little more than one month's service he proceeded on leave from 12-9-1985 to 15-9-1985. However, he did not resume duty. He was served with show-cause notice dated 5-11-1985. In reply to this notice he sent Medical Certificate showing his illness. He was directed to get the medical certificate…

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