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Appeal No. FD‑221 of 1983, decided on 22nd February, 1984.

------Dismissal for misconduct‑Dismissed person is considered as debarred from employment‑Absence of more than ten days‑A misconduct but not so severe as to attract penalty of debarring from future employment‑Extreme penalty is awarded to be saved from payment of benefits of past service and not with intention of ;_ debarring from further employment‑Workman dismissed for mis conduct of absence of more than ten days‑Labour Appellate Tribunal, in circumstances, directing that he shall not be con sidered as debarred from further employment anywhere else but shall have no claim for past service benefits‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38(3).

Shabbir Ahmad for Appellant.

Asadullah Siddiqui for Respondent.

Date of hearing : 13th February, 1984.

The appeal captioned above arises from the decision, dated 14th March, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad.

2. The appellant was a clerk in Fair Price Shop. He was dismissed on the allegation of remaining absent without leave from 1st April, 1982 to 5th June, 1982. He was charge‑sheeted and an enquiry was held against him. Learned counsel for the appellant has not been able to point out any defect in the enquiry proceedings. No copy of the applica tion for leave, and receipt of delivering or sending the application by registered post are on the record. The respondent was thus justified in dismissing the appellant.

3. It has been argued by the learned counsel for the appellant that the dismissal order Exh. P. 12 was passed by an incompetent authority and not by the Managing Director. This is not so. Exh. P/12 is not the dismissal order but is a letter informing the appellant that he had been dismissed by the Managing Director. So, Exh. P/12 is an intimation and not the dismissal order.

4. Generally a dismissed person is considered as debarred from employment. Absence for more than ten days, no doubt, is misconduct but not so severe as to attract the penalty of debarring one from further employment. The extreme penalty of dismissal is awarded to be saved from the payment of benefits of past service and not with the, intention of debarring one from further employment. I, therefore, direct that the appellant shall not be considered as debarred from further employment any where else but shall have no claim for past service benefits of any kind whatsoever. With these observations the appeal is dismissed.

A. E. Appeal dismissed.

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