Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A---Termination of services---Absence from duty---Appellant was dismissed from service after he was found guilty in domestic inquiry for remaining absent from duty without permission---Appellant's grievance notice as well as grievance petition showed that he was terminated by an oral order--­Appellant was issued charge-sheet thereafter which he replied---Oral order of termination, therefore, stood withdrawn when employer charge-sheeted appellant as respondent would not have issued said charge-sheet if it had considered services of appellant terminated---Yet by another -order appellant was dismissed from service for having been found guilty of misconduct in domestic inquiry---Only grievance brought by appellant before Labour Court was alleged order by employer terminating services of appellant---Held, grievance application of appellant had become infructuous after issuance of charge-sheet and after issuance of dismissal order in writing---Appellant, was entitled to arrears of salary and other dues upto date of his dismissal from service. Abdul Munim Khan, Representative for Appellant. Gul Muhammad Soomro, Representative for Respondents. Date of hearing: 14th April, 1991. DECISION This is an appeal against the order dated 5-12-1990 passed by the learned Presiding Officer Sindh Labour Court No.III, Karachi whereby grievance application of the appellant was dismissed. 2. The brief facts of the case appear to be that appellant was admittedly employed as conductor by the respondent. According to the appellant when he appeared for duty on 9-10-1986 he was not allowed to go inside and was informed that his services were terminated. He sent such application and telegram to the Manager but of no avail. On 18-11-1986 he was served with the charge-sheet wherein it was alleged that he remained absent without leave from 9-10-1986 to 11-11-1986. However on 23-11-1986 he served grievance notice upon the respondent against the alleged oral order of 9-10-1986 terminating his services. He filed grievance petition on 13-12-1986. However in pursuance of charge-sheet a domestic enquiry was held against him and the appellant…

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