Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(e)---Dismissal from service--­Employee was granted earned leave for maximum period, but despite knowing that he had no further leave to his credit deliberately overstayed his leave--­Entire blame thus lay on employee as he absented himself for about three months from his duty despite that further leave had not been granted to him--­Employee, therefore, was rightly dismissed from service for remaining absent for more than ten days without leave---In absence of any reason as to why employee should be re-instated after his dismissal due to desertion, order of Labour Court re-instating employee, was set aside. DECISION This appeal arises from an order of the Fifth Sindh Labour Court, Karachi, whereby the petition of the respondent against his dismissal from service by Hotel Marriott was allowed and he was ordered to be re-instated in service but without any back benefits. 2. The facts of this case which are more or less admitted are that the respondent was working in the Hotel Marriott as a Utility worker. On 20-10-1992 the respondent applied for Earned leave for four months but the appellant Hotel granted leave from 1-11-1992 to'21-12-1992 as there was no further earned leave at his credit. On 17-12-1992, five days before the expiry of the leave a telegram was received by the Hotel Management that he was working with Tableeghi Jamat and his leave may be extended up to 25-3-1993. The Management replied by telegram dated 20-12-1992 that he had no entitlement to further leave and he should rejoin forthwith otherwise strict disciplinary action would be taken against him. Thereafter, another telegram was received on 20-12-1992- one day before the expiry of leave. The Hotel Management waited up to 2-1-1993 and then sent a charge-sheet to the respondent by registered post for commission of misconduct for remaining absent for more than ten days without leave. This charge-sheet was sent on the address available on the record of his file. Thereafter, a notice for holding of enquiry against him was dispatched…

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