Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Termination of service--Absence from duty--Notice served on worker before termination of service in accordance wi0, law--Medical Certificate issued by doctor showing that worker had remained under treatment as a case of typhoid but this certificate was not above suspicion--Certificate appeared to have' been issued in anticipation by doctor--Doctor not examined--Possibility that certificate might have been issued by anybody on letter pad of said doctor could not be ruled out--No specific allegation of victimization made by worker nor he led any proof of victimization--field, order of termination of services of worker was unexceptionable in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)-- --S.25-A--Termination of service--Plea that order of termination of. services of worker was not passed by competent authority being a question of fact was neither raised in grievance notice nor in grievance petition--Such pica was not allowed to be raised before Appellate Tribunal. Kamal Mansoor Ahim for Appellant. Shafque Qureshi for Respondent. Date of hearing: 15th February, 1989. DECISION This is an appeal against the order of learned Presiding Officer, Sind Labour Court No.IV at Karachi, dated 31-8-1986, whereby he allowed the grievance petition of the respondent. , 2. The brief facts of the case arc that the respondent admittedly was a workman employed with the appellants. He is said to have remained absent without leave from 14-4-1985. A show-cause notice dated 30-4-1985 was sent to him by registered post on his last known address, but, no reply was received. Consequently an Enquiry Officer was appointed, who also sent notice of the enquiry by the registered post to the respondent. The respondent did not participate in the enquiry which was held ex parte and on the basis of the report 1 of the enquiry officer, the services of the respondent were terminated. After serving grievance notice, the respondent filed grievance petition before the learned Labour Court. 3. I have heard Mr.Kamal Mansoor Alam, the learned Advocate for the Appellants and Mr.Shafique Oureshi, the learned Counsel for the…

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