Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 25A & 38(3)Removal from service for misconduct for remaining absent from duty without sanction exceeding ten daysValidityLabour Court dismissed workman's grievance petition and besides other reasons found him not interested in reemployment having been appointed somewhere else and being interested only in having back benefits­ValidityWorkman and his witnesses had not testified to fact of his remaining joblessMere fact that workman had made claim to back benefits was enough to have put management on alert, and they should have strived to give lie to such claim by adducing evidence that workman after his removal from rolls of establishment had got employment somewhere and had not remained joblessWorkman could not possibly lead evidence in negative to establish that he had not gainfully been employed during disputed period­Establishment must prove by leading evidence, that ousted workman had got a job alright and had been earning his livelihood, to certain .extent, the magnitude of which had also to be established as a factWorkman had been rendered jobless in abrupt manner and he had manifestly suffered humiliation and mental agony, besides, financial drain, therefore, he must be compensated in terms of restoration of his mental peace, as also rehabilitation of his social statusEstablishment was ordered to pay him 20 percent of his emoluments, eversince the date of his removal till he got employment as lecturer. Appellant in person. Malik Bashir Ahmad for Respondents. Date of hearing: 20th October, 1996. JUDGMENT The appeal is directed against the decision dated 24I11993, rendered by the Punjab ,Labour Court No. 3, Lahore, at Ferozewala, dismissing the grievance petition filed under section 25A of the Industrial Relations Ordinance, 1969 by Sher Jhang against the Officers of the Pakistan Engineering Company, Lahore. 2. Sher Jhang was Accounts Assistant (C S), Accounts Department of the Badami Bagh Works, Lahore (of the Company) and was chargesheeted on 821988 for misconduct, having remained absent from duty without sanction of leave and without permission, for a period exceeding ten days, from 2611988 to 621988.…

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