DECISION ' This appeal arises from the order of the Fourth Sindh Labour Court, Karachi, allowing the grievance petition of one Ghulam Shabbir Sammu an employee of Pak Steel Mills for reinstatement in service only, deferring payment of back benefits until fresh findings in a fresh enquiry.
2. The facts are that the respondent was appointed as a helper in the Steel Mills in 1975. He absented himself from duty without any leave from 25-2-1978 to 21-5-1991 for 14 years. He reported for duty on 20-7-1992. He produced a fake Medical Certificate as reasons for his absence for 14 years. He was not allowed to join having been discharged for desertion. He filed grievance petition before the Labour Court and he was ordered to be reinstated in service. He was then allowed to join from 22-7-1992 but he applied for leave for an indefinite period on the basis of another fake Medical Certificate. A domestic enquiry was then held against him and he was dismissed from service with effect from 29-12-1992. Again he filed grievance petition before the Fourth Sindh Labour Court, Karachi and the learned Labour Court allowed the petition and directed his reinstatement but at the same time the Labour Court directed a fresh enquiry and withheld the back benefits till the result of that enquiry to be held within 30 days from the date of the order. The enquiry was held and he was again found guilty and ordered to be dismissed.
3. The respondent while reporting for duty in 1992 had produced a Medical Certificate from Saima Medical and Maternity Home, Zulfiqarabad, Karachi. This place was about 20 miles away from his residence and he was attending as outdoor patient in the O.P.D. From 2-12-1992 to 17-12-1992 for 15 days when he was found to be suffering from enteric fever (typhoid). It is well known fact that patients of typhoid are not allowed to leave their bed and they are kept on chloromycin. But in this case no such history of the patient has been attached to the Certificate which is in fact a Fitness Certificate issued on 17-12-1992 that he was fit and could resume duty from 15-12-1992. For the first absence for 14 years no Medical Certificate was submitted by the respondent. Possibly the respondent had left Pakistan for some Middle East country for 14 years and he again wanted to make out a case for a similar journey outside Pakistan. In any case the misconduct regarding the absence from leave was proved against him and he was rightly dismissed from service. For any technical defect in the domestic enquiry, dismissal could not be set aside without showing A that prejudice had been caused to the accused on account of such defect in the enquiry. A person cannot desert for 14 years and then claim reinstatement in service and even after re-instatement he cannot again be allowed to make preparations for another desertion.
4. Mr. Shahzad Wilson Shahani s/o Mr. M.L. Shahani appearing on behalf of the respondent says that there is no other Certificate besides this Certificate to justify absence of the respondent.
5. Since a second enquiry has been held as desired by the Presiding Officer of the Labour Court and he has been found guilty and since the reinstatement was tantatively up to the holding of the second enquiry, the order of reinstatement is set aside. The question regarding determination of payment of back benefits is automatically solved since the reinstatement has been set aside. The respondent is not entitled to any back benefits. This will also dispose of the Cross Appeal filed by Ghulam Shabbir Sammu praying for a declaration that the order of fresh enquiry is illegal.
6. In the result the appeal of Pakistan Steel Mills is allowed and the Cross Appeal for back benefits is summarily dismissed.