Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--­ ----S.O. 8---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Dismissal from service---Worker was dismissed from service for remaining absent for more than ten days without leave---Workman met with an accident and his thigh was fractured but did not move any application for leave though he was discharged from hospital---Workman thus was guilty of misconduct---Medical certificate which was accepted by employer for purpose of award of compensation from Insurance Corporation showed that workman was suffering from 60% disability--­Held, misconduct of workman did not deserve punishment of dismissal from service in circumstances---Dismissal was thus converted into retirement with all retirement benefits. S.P. Lodhi Representative for Appellant. Ch. Rasheed Ahmad for Respondent. Date of hearing: 2nd October, 1989 DECISION This is an appeal against the order, dated 11-12-1985, passed by the Sindh Labour Court No. V at Karachi, whereby the grievance petition of the appellant was dismissed. 2. The appellant admittedly was appointed by the respondents as Kababi, but, remained absent from his duties from 11-11-1980 to 30-11-1981. He was served with a show-cause notice on 30-11-1981 and after domestic enquiry, he was dismissed from service on 14-3-1982. Being aggrieved by this order, the appellant filed grievance petition before the learned Labour Court, which was dismissed vide impugned order. 3. I have heard Mr. S.P. Lodhi for the appellant and Ch. Rasheed Ahmad, the learned Advocate for the respondents. 4. The appellant contends that he met with an accident on 10-11-1980 at about 1.00 a.m., when he' was returning home from his duties alongwith one Sultan on the Scooter driven by Sultan. In the accident he sustained serious fracture of right thigh. He was admitted in Abbasi Shaheed Hospital on the same date where on the next day, Mr. Fahmeed, Manager of the respondents came to visit him and took away the Hospital Medical Report and all the papers etc. After 2 or 3 days, he left the hospital as he could not bear the expenses demanded by the Doctor and the Staff.…

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