Law:

Section:

Industrial dispute--- ----Misconduct---Absence if wilful amounts to misconduct---Workman submitting application for leave duly supported by medical certificate---No intimation of rejection sent to him by employer---Workman, in circumstances, held, would not be guilty of wilful absence amounting to misconduct. Lt.-Col. Ch. Ismatullah for Appellant. Tahir Qureshi for Respondent. Date of hearing: 10th December 1985. JUDGMENT The decision dated 28-3-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad has been challenged, whereby the respondent was directed to be reinstated in service with back benefits. 2. The allegations against the respondent were that he disobeyed the orders of his boss to supervise the standardization of fertilizer stores at Toba Tek Singh and became absent for more than ten days. He was issued two charge-sheets and two separate inquiries were held but by single order punishment of dismissal was awarded on two counts. There are two periods of absences according to the charge-sheet. One period is from 12-5-1982 to 26-5-1982 and the other is from 27-5-1982 to 10-6-1982. Standardization of fertilizers stores was to be done during the period the respondent became absent. Admittedly the respondent had been sending applications for leave supported by medical certificates. It is alleged that vide Exh. P-17 the respondent was informed about the rejection of leave but there is no proof that in reality letter copy of which is Ex.P-17 was served upon the…

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