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Appeal No. LHR‑72 of 1982, decided on 15th January, 1983.
‑‑ Absence from duty‑Bank employee case‑Seven days' notice for resumption of duty must be given‑Notice not given‑Procedure of para. 258 (4) and (5) of First Wage Commission Award, 1975 not followed ‑ Termination of service, in circumstances, held, illegal‑Industrial Relations Ordinance (XXIII of 1969), S. 25‑A read with First Wage Commission Award, 1975, para. 234, 236 and 258 (4) and (5).
Mian Muhammad Yasin for Appellant. '
Date of hearing : 21st December, 1982.
The appeal captioned above emanates from the decision dated 22nd of November, 1982 passed by the learned Presiding Officer, Labour Court No. 2, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated. He was not allowed back benefits on the ground that he had succeeded on technical grounds.
The allegation against the respondent was that he had remained absent for more than one month. Explanation of the respondent was called but thereafter no enquiry was held against him and his services were termina ted under paragraph 234 of the First Wage Commission Award 1975. Section 236 provides that if a person is absent seven days' notice is to be given him to resume duty within the said period. Such a notice is sent by registered post with A. D. and if be fails to appear within the time given in the notice he is deemed to have vacated his employment. The appellant did not proceed under paragraph 236 since explanation of the respondent was called, it is apparent that the management proposed to take action against the respondent considering his absence as misconduct. For mis conduct the procedure is given in paragraph 253 (4) and (5) of the First Wage Commission Award. Admittedly that procedure was not followed the order of termination of the respondent therefore, is illegal. The res pondent in this circumstance was rightly directed to be reinstated without back benefits.
There is no force in the appeal and, I dismiss it in limine.
A. E Appeal dismissed.
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