Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- Relations Ordinance (XXIII of 1969), S.25-A--Misconduct--Absence for more than 10 days, was unintentional and due to sickness--Medical certificate by Employer's Doctor produced--Certificate mentioning nature of ailment (Typhoid) but containing remarks as "NOT TO BE USED FOR COURT PURPOSE"-­Enquiry Officer rejecting plea of sickness simply due to such remarks and holding workman guilty of misconduct resulting in penalty of dismissal from service--Held: (1) Enquiry Officer could not ignore Medical Certificate and should have examined disability of accused in view of ailment mentioned in certificate--(2) Absence, in circumstances, should have been treated as medical leave if due and (3) Explanation of disability confirmed by medical certificate called for recalling of impugned dismissal order--Applicant workman awarded re-instatement in circumstances. ORDER Senior counsel Ch. Rashid Ahmed has raised the only contention, whether the enquiry conducted against Mr. Qadir Bux, permanent employee of Karachi Transport Corporation was rightly conducted, to conform to the judicial requirements and the requirements of the rules of natural justice, when he submitted medical certificate of the qualified doctor to justify his absence, he was on leave, admittedly from 2-4-1986 to 16-4-1986. 2. The counsel has also referred the enquiry report, the observation of the Enquiry Officer, the overall effect of the conclusion drawn by the Enquiry Officer, to hold him guilty of misconduct whether the judicial norms were observed, what can be expected of justice to the applicant, which was the prime consideration. The counsel has also taken the critical view of the hurried procedure in completing the enquiry. 3. The respondent Corporation has justified the enquiry that absence from 17-4-1986 of Mr. Qadir Bux was not justified. He was given the fullest opportunity to defend on the charge sheet of 3rd May, 1986. They have shown the active participation of Mr. Qadir Bux in the enquiry on 25-5-1986. They have also referred to the important aspect that no reply to the charge sheet was furnished by the…

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