Law:

Section:

Industrial dispute--- ---- Dismissal from service---Employee was dismissed from service on ground of being absent from duty without obtaining leave---Witness produced by employee who otherwise was his immediate boss had fully supported employee that he was sick and had produced medical certificate in proof of his illness from doctor who had treated him---Witness of employee had further affirmed that medical certificate was received from him and requisite entry thereof was made in relevant register---Witness also supported plea of employee that during that period his cousin was murdered by decoit---Employee was also precluded from defending himself at domestic enquiry which fact was proved---Although charge-sheet and information about holding of enquiry was sent to employee, but were not duly served on him---Employee was rightly reinstated by trial Court in circumstances. Shaikh Nazeer Ahmed v. District Education Officer 1983 PLC 116 ref. Gul Muhammad Soomro, Representative for Appellants. Ch. Muhammad Latif Saghar for Respondent. Date of hearing: 21st September, 1992. DECISION The circumstances in which this appeal has been filed, in brief, are as follows: 2. The respondent was working as a `Driver' with the present appellants since 17-8-1983. It is alleged that on 22-2-1990 he fell sick and remained under the treatment of the Doctors attached to one Akhtar Clinic upto 28-2-1990. He had sent an application for leave alongwith the Medical Certificate. 3. Before he could resume, there was a relapse, and he remained under the treatment of the Medical Officer of the KTC, who advised him complete rest from 1-3-1990 to 2-4-1990. 4. Again before he could resume, as he states he proposed to, he received the news of his brother being mortally wounded by the dacoits in the Mufassil, who succumbed to his injuries on 6-4-1990. It is further alleged that on return from his village, he tried to report on duty but was not allowed to do so, and was told that his leave application happened to be still under consideration. It was as late as 10-6-1990 that he received the letter of dismissal dated 10-5-1990. 5. Appraised of the situation, the respondent had sent the grievance…

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