Case Details

Citation(s)
1989 SLG 2103 1989 SLD 2103 1989 PLC 285
Labour Appellate Tribunal, Sindh
Appeal No. HYD-71 of 1987, decided on 11th December, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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Syed MEHDI HASSAN SHAH

VS

SIND ROAD TRANSPORT CORPORATION

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 8, 15(3)(e) & 15(4)--Absence without leave--Absence without leave for more than 10 days--Misconduct--Quantum of punishment--Workman not applying for leave prior to leaving place of duty and proceeding immediately after submitting application--Sending telegrams for more leave--Plea that wife was ill not duly supported by medical certificate --Workman not trying to ascertain whether leave was sanctioned--Circumstances not established to prevent workman from attending office--Remaining away for 4 months--Workman, in circumstances, held, was guilty of grave misconduct and dismissal from service was in consonance with gravity of misconduct. 1986 P L C 777 rel 1987 P L C 668 and 1982 P L C 128 distinguished. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S.O. 15(4)--Charge-sheet--Enquiry notice, service of--Accused to be informed by any mode--Service mode through registered post at given address returned unserved--Accused not giving information of any other address--Contention of not being properly served, held, not tenable--Plea that in such circumstances service through publication in newspapers should have been made, not accepted. 1981 P L C 973 ref. 1981PLDSC225re1. Bashir Awan for Appellant. Raes M.Mushtaq for Respondents. Date of hearing: 11th December, 1988. DECISION This appeal is directed against the order of learned Presiding Officer, Sind Labour Court No.VI at Hyderabad, dated 3-2-1987, dismissing the grievance petition filed by the appellant. 2.The case of the appellant, in brief, is that he was employed as conductor with the respondents posted at Umerkot. On 7-12-1985, due to the illness of his wife, he proceeded to Karachi and sent a telegram to the respondents for leave for one month. He subsequently sent another telegram on 24-12-1985, but made no application for leave or extension of leave. On 16-4-1986, he reported for duty when he was informed that his services were terminated with effect from 19-3-1986. After serving grievance notice upon the respondents he filed the grievance petition…
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