Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Reinstatement---Letter, asking workman to produce Medical Certificate, and charge-sheet sent to worker by registered post was received back undelivered as it was sent without name of father of the workman---Postman not produced to prove refusal of letter---No presumption could be raised or specifically pleaded that workman had refused to accept letter---Notice of inquiry was, however, refused by workman after date of holding inquiry---Enquiry also could not be said to have been conducted ex parte after due notice to the workman---Held, inquiry conducted against workman was unfair and illegal--­Order of Labour Court directing reinstatement, of workman was maintained in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Back benefits---Worker was reinstated in service but was disallowed back benefits on ground that he had not specifically stated in affidavit that he had not been gainfully employed---Labour Court declared dismissal of worker as illegal---Worker was however allowed 30% of the back benefits. Date of hearing: 6th December, 1989. DECISION These two appeals are directed against the order of the learned Presiding Officer, Sindh Labour Court No. I, Karachi, dated 23-2-1989 whereby he allowed the grievance petition of the workman Sardar Iqbal (hereinafter referred to as the respondent) and ordered his reinstatement in service but without back benefits. The Karachi Transport Corporation (hereinafter referred to as the appellant) filed Appeal No. KAR-224/89, against the order of reinstatement of the respondent, whereas the respondent filed Appeal No. KAR-225/89, against the order denying him back benefits. I will dispose of both the appeals by the single decision. 2. Admittedly the respondent was workman working with the appellants. He proceeded on leave from 15-4-1986 to 15-5-1986. His case is that because he fell ill, therefore, he sent an application for extension of leave to which he received no reply. He states to have received two letters on 6-8-1986. Under one letter dated 24-7-1986 he was directed to appear before the enquiry officer on 31-7-1986, while…

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