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Industrial dispute--- ---- Termination of service---Re-instatement---Service of employee was terminated on ground that he could not report on duty for days together--­ Employer had himself admitted that Medical Certificate sent by employee alongwith his application for grant of leave had been found in Department--­ Court rightly re-instated employee, but in absence of anything on record to show that employee remained jobless during that period, employee was found not entitled to back benefits. Muhammad Bashir v. Punjab Labour Appellate Tribunal 1991 SCMR 2087 ref. Arz Muhammad Abro, District Manager for Appellants. Date of hearing: 23rd August, 1993. DECISION This appeal against the order of the Labour Court, Hyderabad ordering re-instatement of the respondent (herein) with full back benefits, arises in the following circumstances. 2. The respondent was working as a Conductor with the appellants and at the relevant time was posted at Badin. It was alleged that he made himself scarce from there on 22-9-1990, not reporting on duty for days together. A report was thereupon made to the authorities. 3. A show-cause notice was issued at his home address. It was returned with an endorsement of the postal authorities that the addressee had refused to accept the same. Then a notice was despatched to show cause as to why he should not be proceeded for misconduct. The letter which was sent through registered post again came back with the same endorsement. Confronted with this situation, the appellants ordered domestic inquiry which proceeded ex parte. As the respondent did not turn up to defend himself his services were terminated. 4. This letter had been duly received by the respondent. He sent a grievance notice, and following it up with the grievance petition. 5. The contention raised in the petition, suggesting that the petitioner had sent a Medical Certificate alongwith an application for the grant of leave, came to be denied in the written statement. 6. The petitioner apart from himself examined Ahmed Ali Shah, Traffic Supervisor, while Arz Muhammad Abro the District Manager and the Enquiry…

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