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Appeal No. KAR-49 of 1972, heard on 1st September 1972. Souvenir

S. O. 8-Absence beyond leave sanctioned-Workman to lose his lien-Should be kept on badlilist-Workman overstaying for more than eight days-Request for extension of leave refused with directions to resume duty forthwith failing which service to be deemed as terminated-Extension of leave absolute discretion of employer-Workman, in circumstances, not entitled to re-instatement but could claim to be kept on badlilist-Order of re-instatement passed by Labour C )urn, in circum stances, modified-So as to keep such worker on badli list from date of expiry of sanctioned leave.

Messrs Pakistan Tobacco Co. Ltd's case 1964 P L C 197 rel.

Zamirul Hasan for Appellant.

Nemo for Respondent.

Date of hearing: Ist September 1972.

This is an appeal against an award, dated May 29, 1.972, whereby the learned Chairman of the Second Sind Labour Court, Karachi, ordered that the respondent Sheikh Allah But be re-instated forthwith with continuity in service. The facts giving rise to the appeal briefly put are these, 2. Allah Bux was employed as Boiler Attendant Class-I on the 5th of June 1966. He was granted leave from 1st of January 1970 to the 14th of February 1970. Under order dated ZOtn of December 1969, (Exh. A. W. 1/t), granting leave to Allah Bux, it was stated that if he faded to report for duty on the 15th of February 1970, his services will be deemed to have been terminated se per Agreement with the Union. Allah Bux, however, did not report for duty on tae 15th of February 1970. On the other hand, he sent letter for an extension of leave on the 20th of February 1970. It was received by the appellant on the 25th of February 1970. The Management by its letter dated 25th of- February 1970, (Exh. A. W. 1/4) refused to grant further leave. The Management sent a registered letter (Exh. R-2) dated 6th March 1970, informing Allah Bux to collect his dues. It would appear from Exh. A. W. 1/9 dated 24th of March 1970, that he reported for duty on the said date almost after over one month.

3. The relevant provision that would require consideration is Standing Order 8 of the West Pakistan Industrial and Com mercial Employment (Standing Orders) Ordinance, 1968. The relevant provision runs as under :-

"(3) If the workman remains absent beyond the period of leave originally granted, or subsequently extended, he shall lose his lien on his appointment unless he-

(a) returns within eight days of expiry of the leave and

(b) explains to the satisfaction of the employer his inability to return before the expiry of his leave.

(4) In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list."

4. From a perusal of the above provision of Rule and the facts already stated above it would appear that the respondent Allah Bux appeared much after eight days of the expiry of leave to resume duty and, therefore, he lost his lien. It is in the discretion of the Management whether to further extend the leave granted to employees or not. The Management cannot wait for an indefinite period for an employee at the cost of efficient running of his business. The Law has given a grace period of eight days only. If a workman appears within eight days of the expiry of leave and offers satisfactory explanation the employer may accept the same. The best that can be said is that if the explanation is satisfactory and that no reasonable person can reject the same the Court may interfere In the interest of justice and industrial peace. In the present case the workman wits already told that if he does not return after the expiry of the leave his services would be deemed to have been terminated. In these circumstances the only claim in law which the respondent Allah Bux had was that his name may be kept on the Badli List. Mr. Zamirul Hasan, the learned Representative of the appellant states that his name was kept on the Badli List. There is nothing except the Written Statement that Allah Bux's name was kept in the Badli List.

5. It was also contended by Mr. Zamirul Ha:an that on failure of the Management to keep the name of the respondent Allah Bux on the Badli List. Allah Bux could not be re-instated under the provision of Standing order 8. If the Management had failed to keep the name of Allah Bux on Badli List it could order to put his name on Badli List but not to re-instate the respondent. The re-instatement has much wider implication than maintaining the name of a workman on Badli List.

6. Mr. Zamirul Hasan relied on case of Messrs Pakistan Tobacco Co. Ltd. (1964 P L C 197) where Waheeduddin, J., in almost similar circumstances did not grant any other relief accept to keep the name of the workman on Badli List. Waheeduddin, J., set aside the order of re-instatement of the workman and ordered the workman's name to continue on Badli List.

7. I would, for the reasons given above modify the Award of the learned Court and order that the name of Allah Bux be kept on Badli List and that he should be deemed to have been on Badli List from the 15th of February 1970. He would be entitled to any advantage that may accrue to him from being on Badli List from the 15th of February 1970.

The respondent-Union has been served but no one cared to appear before me. Allah Bux is also absent.

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