DECISION ' This Appeal by Pakistan Railways arises from order of the Fifth Sindh Labour Court, Karachi allowing the grievance petition of one Abdul Hakim wireman for reinstatement without back benefits.
2. Abdul Hakim was appointed Assistant Wireman in the Pakistan Railways on 6-5-1955. He proceeded on one months' leave with effect from 2-9-1977. It is alleged that during the period of leave the respondent suffered from Schizophrenia and became mentally sick. He regained his sense in 1993 after more than 16 years and reported for duty. He was then served with a show- cause notice and was dismissed from service by the order dated 3-11-1994. The respondent served the Railways with his grievance notice and then filed his grievance petition before the Labour Court.
3. Under the Railways Rules a person not heard of for 5 years or more is presumed to have died.
Under General Law this presumption arise after 7 years. But in this case for more than 16 years no intimation was sent regarding his condition to the Railways. During the trial the respondent produced the Medical Certificate dated 29-3-1995. This certificate was filed with application under section 5 of the Limitation Act for condoning of delay. The certificate shows that from 3.2-1995 to 29-3-1995 the respondent was suffering from backache and angina on exertion. He was advised to do light work. Thus, no Medical Certificate for the alleged Schizophrenia has been produced from any Mental Hospital.
4. Mr. Gohar Iqbal for the respondent makes a statement that he has no objection if the appeal is allowed and he does not press for reinstatement of the respondent but he requests that on campassionate grounds the respondent may be granted proportionate pension as even now he is not in a fit state of health to do any work. I leave it to the appellant D.S. Railways to consider this request of the respondent sympathetically.
5. This appeal is otherwise allowed and the order of the Labour Court is set aside.