Case Details

Citation(s)
2001 SLG 1562 2001 SLD 1562 2001 PLC 202
Labour Appellate Tribunal, Sindh
Appeal No.HYD 134 of 1999, decision dated: 26-04-2000, hearing DATE : 19-04-2000
MUNAWAR ALI KHAN, CHAIRMAN

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MUHAMMAD ABBAS

VS

MANAGER, QUETTA TEXTILE MILLS, KOTRI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(e) Grievance petition - Dismissal from service on ground of being minor and remaining absent from duty for more than ten days Employee was dismissed from service on grounds that at the time of his appointment he was a child aged 14 1/2 years and that he stayed away from duty for more than ten days without leave Employee who at the time of his employment had shown himself to be eighteen years' old, had produced medical certificate of a doctor issued after about one year and seven months of his employment showing his age as sixteen years Fact that employee was fourteen and half years old at the relevant time was proved Employee being minor at the time of his employment, could not be retained in service Evidence on record had also proved that employee remained absent from duty continuously for more than ten days without leave Employee, in circumstances, was rightly dismissed from service on ground of being minor and remaining absent from duty without leave. DECISION As disclosed in the grievance petition, the appellant's case is that on 16 1 1995 he was employed as Winder in the respondent's mill at Kotri. After about one and half years, on 8 8 1996 when he reported for duty as usual, he was not allowed to enter the Mills Premises on the plea that he was a child. Thereafter, he got himself examined by Dr. Barkatullah Shaikh who had issued him Certificate on 9 8 1996 to the effect that he was 16 years of age. He produced the said Certificate as a proof that he was no longer a child. The' other allegation against the appellant was that he stayed away from duty for ten days without leave. He was charge sheeted on this account but he did not face the domestic enquiry. Ht was ultimately dismissed from service. Even according to medical certificate he had produced he was minor and, therefore, could not be retained in service. He was constrained to send grievance notice, dated 23 9 1996 by Registered Post with acknowledgement due. The respondents having failed to redress the applicant's grievance inasmuch as that…
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