1. ' This appeal arises from the decision dated 11th Ma y, 1980, passed by the learned Presiding Officer, Labour Court No, 1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated without back benefits.
2. ' Facts are that the respondent obtained leave for two days i,e, 17th and 18th February, 1979 on account of illness. He remained absent thereafter upto 24th of March, 1979. He sent two medical certificates but leave beyond 18th February, 1979 was not allowed and absents notice was issued on 17th February, 1980. Since no reply come on 26th March, 1979 the respondent was charge- sheeted which the respondent replied stating that he had submitted two medical certificates one covering for the period from 19th February, 1979 to 15th March, 1979 and the other from 16th March, to 24th March, 1979. This reply was found unsatisfactory and enquiry was ordered against the respondent. It was not proved before the learned Labour Court that the respondent was duly informed about the rejection of Medical Leave supported by the above-mentioned two certificates.
3. The respondent was, therefore, justified in thinking that leave had been sanctioned. If he had received information about the rejection of the Leave until had not, joined duty without any further reasonable ground there could be justification in his dismissal. No evidence was produced by the appellant and, therefore, its case was closed. Enquiry was also not properly made inasmuch as no opportunity of production of defence was offered to the respondent.
4. ' In these circumstances the respondent was rightly re-instated, there is no force in the appeal which is dismissed.