Law:

Section:

West Pakistan Industrial and Commercial Employees (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15---Industrial Relations Ordinance (XXIII of 1969), S. 25-A--­Termination of service---Absence from duty---Employees contended that due to tribal feud they had gone in hiding and sent applications for leave to which they received no reply and that when they reported for duty they were not allowed to resume duty---Grievance notice and grievance petition were resisted by employer on ground that services of employees were terminated by written orders after due domestic inquiry---Witnesses examined by employer admitted that employees reported for duty---No charge-sheet or show-cause notice was ever issued to employees by employer on the ground that their addresses were not known---Record was also silent about termination of service by employer---Employees produced postal registration receipts with regard to letters sent to Head Office but none from that office was examined to rebut contention of employees---Appeal against order of Labour Court reinstating employees was thus dismissed in circumstances. Ziauddin Qasmi for Appellants. Nizamuddin Baloch for Respondents. Date of hearing: 25th November, 1989. DECISION These two appeals are directed against the orders of learned Sindh Labour Court No. VII at Sukkur, dated 21-2-1989. The facts and point of law in both the cases are similar thereby I intend to dispose of them by this single decision. 2. Admittedly both the respondents were employed as Beldars on regular basis at the relevant time and their services were terminated. Admittedly they remained absent from duty for long time and consequently their services were terminated. It is alleged by the respondents that due to tribal feud between their tribe and Kureja Community, which resulted in several murders, they had gone in hiding and sent application for leave to which they received no reply. It is further alleged by them that their services were not terminated by written orders but when they reported to resume duty, they were disallowed to resume duty. After giving grievance notice to the appellants they fled grievance petitions before the learned Labour Court…

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