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 dismissed from service after issuing him charge-sleet and holding enquiry against him on charge of remaining absent from duty without leave for more than 33 months---Employee who claimed that he remained ill during that period, produced a Medical Certificate from a private Medical Practitioner which certificate did not show date from which employee suffered from illness---Doctor who issued Medical Certificate was not even summoned by employee in Court---Medical Certificate, thus by itself had no evidentiary value---Absence of employee from duty without leave being a continuing wrong giving rise to continuing cause of action, question of limitation would not arise in the case---Employee, in circumstances, was rightly dismissed from service on ground of absence from duty without leave. DECISION This appeal is directed against the order of 5th Sindh Labour Court, Karachi, dismissing petition under section 25-A of the I.R.O. for re-instatement in service of the appellant with back benefits. 2. The appellant was appointed as an electric helper in the Railways on 25-1-1976. He applied for grant of 1,0 days' leave with effect from 10-6-1986. The applicant did not obtain any leave order but continuously remained absent until 2-1-1988 when he reported for duty. His excuse for absenting himself for more than 33 months was that he was lying ill. He has…

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