Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Petitions Nos. 995 and 996 of 1976, decided on 30th November 1976.
-- S. O. 15(3) (e)-Habitual absence-Single instance of absence for 6 to 8 days-Does not constitute misconduct of habitual absence Dismissal of workman on such charge set aside.
Sadullah Mumtaz for Appellant.
Muhammad Afzal Siddiqui for Respondent.
Petitioners have been dismissed from service by the respondent on the charge of their habitual absence from duty. I have perused the enquiry report as well as the enquiry proceedings. There is no finding of the enquiry officer regarding habitual absence from duty. There is a finding no doubt that Muhammad Yousaf and Baz Khan, petitioners remained continuously absent from duty for 6 to 8 days but that will not constitute misconduct.
In that view of the matter petitions are accepted. Management can hold enquiry afresh into the misconduct of habitual absence from duty against the petitioners and in that case payment of back wages would depend upon the result of the enquiry proceedings.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer