Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 12 & 15 --Industrial Relations Ordinance (XXIII of 1969), S. 25-A--­Termination of service---Absence from duty---Worker alleged to have un-authorisedly absented himself without leave for more than ten days, although worker had stated to have sent his leave application through his father---Worker was found guilty in domestic inquiry and was dismissed from service---Worker did not have his leave sanctioned before leaving---Worker stated that practice in employer's establishment was to give application and then proceed on leave---Worker admitted in cross-examination that he had no proof of submission of application or that Inquiry Officer had acted in prejudicial manner and did not give opportunity to appellant to cross-examine witnesses of management or to produce his defence witnesses---Inquiry proceedings bore signature of appellant worker and there was nothing on record to show that he ever raised any objection with regard to conduct and procedure of enquiry before order of his dismissal was passed---Worker's act of remaining absent from duty amounted to misconduct for which any of punishments provided in clause (2) of S.0.15 could be awarded---Contention of worker that he had been victimised due to trade union activities also not substantiated from record---Appeal against order of Labour Court dismissing grievance petition of worker was rejected. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 8(2)---Leave---Workman has to apply in advance for leave and to obtain a pass showing grant of leave---Mere making of an application cannot be considered to imply that leave has been granted. Umer Rahim v. Al-Azam Limited Appeal No. KAR-121 of 1983, decided on 19-5-1985 and Muhammad Yousuf Mirza v. Karachi Shipyard and Engineering Works Ltd. 1980 PLC 1041 rel. (c) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---Forgery---Burden of proof always upon party who alleged such forgery. Muhammad Shafiq Oureshi for Appellant. Sharif Ahmad Malik for Respondent. Date of hearing: 29th January,…

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