DECISION This appeal is directed against the order of Second Sind Labour Court, Karachi dismissing the grievance petition of the worker under section 25-A, I.R.O. For reinstatement in service and back benefits.
2. The appellant was a permanent worker in the respondent Motor Car Assembly Plant known as Atlas Autos Limited. The appellant was in the habit of remaining absent without leave for which he was frequently warned orally and in writing but he did not improve and he absented himself without obtaining the leave for about 30 times in one and the half years. He was accordingly charge-sheeted and after domestic enquiry he was dismissed from service.
3. It has been argued by the representative of the appellant Mr. Khalilur Rehman that even if there was no leave at the credit of the appellant and he had exhausted all the 14 days leave he could be granted leave without pay but in these cases he was not informed whether the leave was granted or refused. There is, however, no evidence to the effect that an application for leave was made in advance each the the appellant remained absent. No such application has been summoned or brought on record. If no application was made in advance the result of the application also could not be communicated to the appellant before his proceeding on leave. Here the question is of absence without leave. Under Standing Order 15(3)(e) habitual absence without leave amounts to misconduct. The appellant has, therefore, rightly been dismissed.
4. There is no substance or merit in this appeal, which is rejected under the circumstances.