Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Dismissal from service---Absence from duty for more than ten days---Worker was charge-sheeted for having remained absent without intimation and was found guilty in domestic inquiry and was dismissed--­Worker alleged that she was ill and conveyed a message about her illness to employers through a co-worker but latter forgot to inform the employers and that when she came to resume duty she was stopped and thereafter she did not come again---Worker neither in her grievance notice nor in her grievance petition stated that she was gate-stopped---Worker alleged that the Inquiry Officer did not accept her medical certificate and also did not record her statement or that of her witness---On assessment of statement of witnesses on record it was apparent that stand taken by worker before Inquiry Officer and in her grievance petition was contradictory---Worker had not produced any witness to prove her illness---Report of-inquiry Officer that worker remained absent was based on facts; it was neither illegal nor unfair---Worker's misconduct had been proved and she remained absent for more than ten days without intimation or permission and after she was proved guilty in domestic inquiry, which appeared to be fair and proper, she was awarded a legal punishment---Order of Labour Court .reinstating worker was passed on misreading of evidence---Order was set aside being not maintainable. Ch. Abdul Lateef Saghar for Appellants. Nemo for Respondent. Date of hearing: 14th January, 1991. DECISION This is an appeal against the order, dated 7-11-1990, passed by the learned Presiding Officer, Sindh Labour Court No.4 at Karachi, whereby the respondent was ordered to be reinstated in service with full back benefits. 2. I have heard Mr. Ch. Lateef Saghar, learned counsel for the appellants. Respondent and her representative called absent without intimation. I have also gone through the record and proceedings of the case. 3. The brief facts of the case appear to be that the respondent was admittedly employed as worker by the appellants. On 22-6-1989 she was charge-sheeted for having remained absent without intimation since…

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