Law:

Section:

Industrial dispute--- ---- Payment of wages---Employee proceeded on leave for 115 days, but when after expiry of his leave he reported for duty he was not allowed to resume duty on which employee filed grievance petition---During pendency of grievance petition employers allowed employee to resume duty on which employee withdrew his grievance petition with permission to file a fresh one in case he did not feel satisfied with order of employers with regard to payment of his dues from date of expiry of leave period to date he was allowed to resume duty---Employee though was allowed to resume duty, but employers treated that period as leave without pay and employee filed grievance petition claiming wages for period from expiry of leave period to the date of his resumption of duty---Employers contention was that employee had failed to resume duty on expiry of his leave despite notices were issued to him but employers failed to substantiate their plea by leading any oral evidence though they had produced certain document---Oral evidence was necessary to corroborate such documents and somebody should have appeared in witness-box to prove issuance of alleged notices to employee and steps taken to ensure service thereof on employee---In absence of any such evidence on part of employers, testimony of employee to the effect that he reported for duty after expiry of leave but was not allowed to resume duty, could not be disbelieved---Absence of employee being not due to any-fault on his part, but having resulted on account of inaction on the part of employers, employee was entitled to wages for the period in question. Ch. Muhammad Bashir for Appellant. Ch. Bashir Ahmad for Respondents. Date of hearing: 6th December, 1994. JUDGMENT This is an appeal from the decision of the Punjab Labour Court No. 2, Lahore, dated 25th of August, 1993, whereby the grievance petition filed by the i appellant was dismissed. 2. The appellant is an employee of the respondents as Helper at the Washing Lines, Railway Station, Lahore. He proceeded on leave for 115 days from 5th of October, 1984 to 27th of January, 1985. His case was that when after the expiry of the leave he reported for duty on…

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