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Appeal No. KAR‑557 of 1979, heard on 30th January, 1980.

‑‑ Ss. 25‑A & 37 ‑ Petition before Labour Court dismissed in de fault‑Restoration application made supported by medical certificate also rejected‑Doctor issuing certificate examined by Appellate Tribunal testifying on oath that petitioner workman was ill and was advised rest on date of hearing of petition ‑ Appellant, in circum stances, held shown sufficient cause for inability to attend Court‑ Dismissal in default, in circumstances, set aside and cases remanded for decision on merit.

Abdul Qadir for Appellant.

Nemo for Respondent.

Date of hearing : 30th January, 1980.

Appellant Anwar Ahmad, who was employed as an Accountant with the respondent establishment, submitted a grievance application under section 25‑A, Industrial Relations Ordinance. 1969, before the learned Vth Labour Court, claiming that his services had been illegally terminated orally by the respondent establishment. The said application was dismissed on account of the absence of the appellant and his counsel, by the learned 1st Labour Court to which it had been‑ transferred for disposal, vide its orders, dated 8th October, 1979. The restoration application by the appellant was also dismissed by the learned Labour Court, vide its order, dated 13th November, 1979. The appellant has now challenged these orders before this Tribunal.

2. It is the case of the appellant that his absence on 8th October, 1979, when his grievance application was dismissed by the learned Labour Court, was by a reason of the fact that he had fallen ill and was unable to attend the Court. In support of his contention he produced medical certificate from Doctor Syed Nisar Ali, certifying that the appellant was ill and under his treatment from 6th October, 1979 upto 13th October, 1979. This certificate, however, was rejected by the learned Labour Court mainly on the ground that such medical certificates can easily be procured and, therefore, have little value. 1n order to satisfy myself whether the appellant was in fact ill and accordingly unable to attend the Court on 8th October, 1979, I examined Dr. Syed Nisar Ali, who stated on oath that he had examined the appellant both on 6th October, 1979 and on 8th October, 1979, and found that he was suffering from fever and hence he had advised him complete bed rest. It is clear from the evidence of the Doctor that the absence of the appellant from the Court on 8th October, 1979 was on account of his illness and was not deliberate. Since the appellant has show sufficient cause for not being able to attend the Court on the date when his application was dismissed by the learned Labour Court, I would set aside the impugned orders of the learned Labour Court, dated 8th October, 1979 and 13th November, 1979. restore the appellant's grievance application and direct that it should be proceeded with by the learned Labour Court from the stage immediately prior to its order, dated 8th October, 1979. Before concluding, I would like to add that I have had only the benefit of hearing Mr. Abdul Qadir, the learned counsel for the appellant, while Mr. Safdar Hussain, the learned counsel for the respondent was absent and, therefore, could not be heard.

Appeal accepted.

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