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1987 PLC 108

MUHAMMAD SHAFI vs Messrs HIDAYATULLAH TEXTILE MILLS Ltd.

Citation1987 PLC 108
CourtLabour Appellate Tribunal
Case No.Appeal No. HYD-164 of 1985
Date1986-01-12
Judge(s)Ali Nawaz Budhani
ResultAppeal dismissed

DECISION This is an appeal directed against the order of Sind labour Court No. VI, Hyderabad, dated 24-4- 1985. The order of the Labour Court is that it has dismissed the grievance petition of the appellant, Muhammad Shafi.

2. Muhammad Shafi was a Helper in Ghulam Hussain Hidayatullah Taxtile Mills Ltd. He proceeded on one month's sanctioned leave from 16-2-1984 to 15-3-1984. He overstayed for more than one month on the plea of ailment. He was charge-sheeted for remaining absent for more than 10 days without any intimation and thereafter, an enquiry was held by one Qamar Abbas. In pursuance of this enquiry, he was dismissed from service.

3. The appellant examined himself by way of an affidavit and Muhammad Razzaq and Qamar Abbas were examined by the management. I have heard the respective Counsels of the parties.

4. There is no doubt that the appellant remained absent for more than 10 days on the pretext that he was ailing. In support of his ailment he produced a certificate which is, dated 16-3-1984, where the Medical Officer has advised him to take rest. This certificate was never communicated to the management nor it was sent by Post and for full month the appellant remained absent and only at the time, namely, on 17-4-1984, he tendered the medical certificate. This medical certificate is not valid in view of the ailment which is not inserted in the medical certificate.

5. The important point is that employees take it for granted that the leave would be granted by the management on furnishing some sort of certificates or the employees believe that they grant leave to themselves without obtaining proper order from the management. This is entirely wrong and incorrect behaviour. The appellant had gone to Gujrat and never intimated that he was ill. The Labour Court has rightly dismissed his grievance petition and I agree with it and dismiss this appeal accordingly.

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