Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 12(3)--'-Industrial Relations Ordinance (XXIII of 1969), S. 25-A--­Reinstatement---Appeal against---Workman remained absent without obtaining prior permission---Inquiry held against workman found him guilty whereupon his services were terminated---Workman denied to have received copies of charge-sheet and order of dismissal and explained his absence .on medical grounds and produced a medical certificate---Employer had not examined the person who signed reply statement which therefore could not be taken into consideration---Employer also did not examine Inquiry Officer nor he had produced inquiry papers---Notice of inquiry was also not proved to have been sent to workman nor was order of termination of services communicated to him---Held, order of termination passed on basis of said inquiry was not tenable---Order of reinstatement was maintained. Dawood Hosiery Mills, Karachi v. Hazrat Muhammad Yousuf and others PLD 1975 Kar. 312 rel. Ahmed Nabi v. Sindh Labour Appellate Tribunal and others 1986 PLC 42 ref. (b) Industrial Relations Ordinance (XXIII of 1969)... ----S. 25-A---Back benefits---Employee did not work with employer during period in question and he had himself willingly given undertaking disclaiming the back benefits withheld by Labour Court, while reinstating him---Order of Labour Court was upheld, being not illegal. Muhammad Tasneem for Appellant. M. Latif Saghar for Respondent. Date of hearing: 12th March, 1991. DECISION This is an appeal against the order dated 30-5-1990 passed by the learned Presiding Officer, Sindh Labour Court No. 1, Karachi whereby respondent was ordered to be reinstated in service without back benefits. 2. Heard Mr. Muhammad Tasneem for the appellant and Mr. M. Latif Saghar for the respondent. I have also gone through the Record and Proceedings of the case. 3. Admitted facts of the case appear to be that the respondent was a workman employed by the appellant who remained absent without obtaining prior permission from 26-5-1982 till he reported for duty on 26-5-1988. 4. According to the appellant they had issued a…

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