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Appeal No. SUK‑875 of 1980, heard on 5th March, 1981.
‑‑‑ Ss. 25‑A & 37 ‑‑‑ Petition dismissed by Labour Court due to failure in leading evidence and attending Court‑Appeal on plea that failure was due to heart illness‑ Opportunity to produce medical certificate from heart specialist given by Appellate Tribunal‑No such certificate produced‑ Appeal, in circumstances, held, not: fit for admission‑Order of Labour Court upheld.
Syed Safder Hussain for Appellant.
Date of hearing : 5th March 1981.
On 1st September, 1979, the appellant, who claimed to be the General Secretary of the C. B. A. in the respondent‑Company, submitted , a grievance petition to the learned Seventh Labour Court at Sukkur, challenging the Office Order, published in the daily Jang' of Karachi of 6th March, 1979, terminating the services of the appellant. The learned Labour Court has dismissed the appellant's grievance petition on the ground that despite being given as many as 13 opportunities to present himself and lead evidence on his behalf the appellant has failed to do so, and accordingly, there was no evidence before the learned Labour Court warranting interference with the orders of termination of his services. The appellant has challenged this decision by way of appeal to this Tribunal.
2. As the contention of the appellant was that it was on account of his severe heart illness that he had been unable to attend the Court at Sukkur, he was required by this Tribunal to get himself examined from the National Institute of Cardiovascular Diseases, Karachi, in support of his contention that he had been suffering from serious heart ailment which prevented him all along from attending the Court at Sukkur. The appellant was given repeated opportunities for production of such a certificate. He has failed to do so. Mr. Safdar Hussain submitted today that he has not been able to get the requisite certificate from the National Institute of Cardiovascular Diseases Hospital. In view of this position this does not appear to me a fit case for the admission of the appeal and the order of the learned Labour Court prima facie appears to me to be unassailable.
3. For the reasons discussed by me above, I ,would dismiss this appeal to limine.
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