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1996 PLC 472

AHMED HUSSAIN vs M/s. MEHRAN JUTE MILLS LTD., KARACHI

Citation1996 PLC 472
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-40 of 1995
Date1996-02-14
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' This appeal is directed against the order of 1st Sindh Labour Court. Karachi dismissing grievance petition of the appellant for reinstatement and back benefits.

2. The appellant was employee of Mehran Jute Mills Ltd. At a monthly salary of Rs,1,500. The appellant worked in the Mills from 25-5-1984 to 19-6-1992. Thereafter he remained absent and sent an application that he was not well. He was directed to get himself treated from Social Security Hospital and to submit his Medical Certificate from that Hospital but these directions were not complied with and he continued to remain absent till 9-2-1992. Meanwhile on 4-8-1992 he was charge-sheeted for absence without leave and the charge-sheet could only be served by publication. Afterwards the appellant produced Fitness Certificate of the Social Security Hospital but meanwhile on 10-10-1992 after a domestic enquiry the appellant was dismissed from services.

Even on this date of hearing the appellant is unable to state what disease he was suffering from or what was his illness. He says he has forgotten.

3. The Advocate for the appellant Mr. Muhammad Ayoob has not been able to appear for the appellant on this date and the appellant has therefore been heard in person. Even in the Memo of Appeal it has been stated that grounds in support of the appeal would be mentioned at the time of hearing of the appeal but at the time of hearing the appellant has even forgotten what he was suffering from. Possibly he was mentally deranged but there is no documentary evidence for his inability to resume duty for three months.

4. The order of the Labour Court is accordingly maintained and the appeal is dismissed.

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