' This appeal arises from the decision, dated 18th January, 1982 passed by the learned Presiding Officer, Punjab Labour ,Court No, 4, Faisalabad whereby the application of the appellant for its re- instatement in service was dismissed.
2. The allegation against the appellant was of absence for more than ten days. He is alleged to have sent an application for leave by post and that the letter was given to one Sher Ali (P. W.) for being posted. Medical certificate was obtained by him after his recovery. The appellant, however, failed to prove that actually he had sent any leave application. In his statement he stated that he had entrusted the leave application to Sher All for being posted, but Sher Ali stated to the contrary that the appellant had himself posted the application in his presence. The statement of the appellant shows that he had not accompanied Sher All when he was entrusted the leave application for being posted, whereas Sher Ali says that he was with the appellant and the appellant had himself posted the application. Neither the appellant nor Sher All stated, that the Application was sent under registered cover nor any postal receipt was brought on the record. It is thus clear that the evidence that leave application was sent by post is false. In cases where an employee absents himself without sending leave application, he cannot successfully ask for re- instatement if on account of his absence his services have been terminated. The A employer in the absence of any application or information is justified in thinking that the employee has himself deserted him and has discontinued his service. The fact that the medical certificate was obtained afterwards further shows that no application for leave was sent. The certificate is of the Senior Medical Officer, Faisalabad but it does not bear any register number. The name of an outdoor patient is entered in the register and that number is given on his prescription. Absence of the register number on the certificate shows that during his absence the appellant did not consult the doctor and approached him afterwards and secured the certificate. For the reason given above, the appellant does not appear to have any case of re-instatement. His application for good reasons was dismissed by the learned trial Judge. There is no force in the present appeal, which is dismissed in limine.