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1985 PLC 95

LEIAH SUGAR MILLS Ltd. vs MUHAMMAD RAMZAN

Citation1985 PLC 95
CourtLabour Appellate Tribunal
Case No.Appeal No,MN-90 of 1982
Date1982-03-07
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

' This appeal arises from the decision dated 23-12-1981 passed by the learned Presiding Officer, Punjab Labour Court No,9, Multan, thereby he directed the reinstatement of the respondent with back benefits.

2. The ground on which the respondent was terminated was that he was addicted to opium and bhang and thus was unfit for duty. The respondent had produced a certificate of the Medical Superintendent, District Headquarters Hospital, Multan to the effect that he was fit for duty. The Medical report which had declared the respondent as unfit for duty is of the Medical Officer of the appellant mills. The Medical Superintendent was a disinterested person, whereas the Medical Officer of the mills was not so. Admittedly, no enquiry was made before terminating the services of the respondent, neither he was afforded an opportunity to show that he was not addicted to opium and was fit for duty. It may be said that addiction to opium is not misconduct because a person who is addicted to intoxicant drugs becomes habitual of it and if he does not take such intoxicant things he is likely to die. There was absolutely no material to justify the declaration that the respondent was unfit for duty. In view of the report of the Medical Superintendent, he was quite competent to discharge his duties and order of termination was not called for and was rightly set aside by the lower Court. There is no force in the appeal, which is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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