Law:

Section:

Industrial dispute--- ---- Dismissal from service---Employee was dismissed from service on ground of inordinate absence from duty after serving charge-sheet and holding enquiry---Employee failed to prove that Enquiry Officer was interested or partial---Absence of employee from duty continued even up to date of issuance of charge-sheet---Wrong being continuing it was discretion of employers to issue charge-sheet within thirty days either from first wilful absence or from last one---Plea of employee that employer was bound to issue charge-sheet within thirty days from date when he first absented himself, was repelled---Case of employee was not that charge-sheet was not given within thirty days of the last default in appearance---Employee, in circumstances, was rightly dismissed from service on account of prolonged absence from duty. Abdul Waheed for Appellant. Qazi M. Anwar for Respondent. JUDGMENT The appellant was a permanent workman with the respondent but by order dated 19-3-1988 he was dismissed from service. His grievance was not redressed by the management and therefore he filed grievance petition in the Labour Court. The said Court dismissed the petition through order, dated 27-9-1989 and the legality of this order has been called in question in -the appeal. The relevant facts, which can be gathered from the record are that earlier in 1981 the service of the appellant was terminated but by order dated 22-11-1981 he was reinstated by Labour Court. Thereafter, he was transferred from one section of Mill to another by order, dated 3-10-1987 which he also challenged in the Labour Court but with no success. On 1-3-1988 the appellant was served with a charge-sheet to explain his inordinate absence from duty from 4-10-1987 till 1-3-1988. The reply of the appellant was not found satisfactory and hence an enquiry was conducted into the charge but the appellant in spite of service failed to join the enquiry proceedings. The Equiry Officer held him guilty of prolonged absence and consequently his dismissal…

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