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1996 PLC 737

ABDUR RASHEED vs MEHRAN SUGAR MILLS LTD., TANDO ALLAH YAR through

Citation1996 PLC 737
CourtLabour Appellate Tribunal
Case No.Appeal No, HYD-104 of 1996
Date1996-04-14
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' This appeal arises from the order of Sixth Sindh Labour Court, Hyderabad, whereby the grievance petition of the worker Abdur Fisheed claiming reinstatement, was dismissed.

2. Appellant Abdur Rasheed was employed as electric coolie dung the crushing seasons by Mehran Sugar Mills. He came for appointment at the start of the season and was engaged on 26-9-1992 but on the very next lay he absented himself and sent an application for medical leave supported by Medical Certificate that he was suffering from typhoid fever. By an order dated 1st December, 1992 the appellant's service was terminated with effect from 27-9-1992 the date of his absence. The appellant then served the management as the grievance notice and filed petition for reinstatement with all the back benefits.

3. The learned Labour Court found that the two certificates produced by the appellant were not genuine. One was from a doctor of Theroo Shah near Naushero Feroze. A man falling ill on account of typhoid at Tando Allthyar would not go to a doctor at Naushero Feroze District for treatment. I was believed that the appellant after having obtained the job for the season have left for Karachi and stayed away there until his services were terminated. The learned Labour Court accordingly dismissed the application for reinstatement and back benefits.

4. Syed Aftab Hassan for the appellant has not been able even to produce the copies of the Medical Certificates. The termination was due to absence of the appellant and illness was obviously an excuse. The management had therefore to appoint another person in his place during the crushing season.

5. I can find no substance in this appeal which is accordingly dismissed in limine.

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