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Appeal No. FD‑431 of 1984, decided on 28^th November, 1984.

‑‑Ss.25‑A & 38(3)‑‑Grievance petition for re‑instatement‑‑Petitioner alleged to have been gate stopped‑‑Employer's plea that petitioner was still in service but being absent since long was being proceeded for misconduct‑‑Labour Court dismissing petition without, recording finding on disputed point whether grievance notice was served‑‑Order of Labour Court, in circumstances, set aside and case remanded by Appellate Tribunal to Labour Court‑‑Employer, held, to be directed to give petitioner duty though may proceed against him for absence.

Abdul Wahid for Appellant.

S.M. Arif for Respondents.

Date of hearing: 25th November, 1984.

The decision, dated 12‑6‑1984 passed by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad has been challenged in this appeal, whereby the grievance petition of the appellant for his re‑instatement in service was dismissed.

2. The case of the appellant is that factory gate was closed upon him. The respondent took up the plea that the appellant was still in service but was absent since long and was being proceeded against for that. It was contended that no grievance notice was served but the learned lower Court has not recorded any finding on the point.

3. Since the respondents admit that the appellant is still in service, a direction to give him duty may be given although the respondents are at liberty to take action for the absence of the appellant. As the learned lower Court has not recorded any finding on the point of service of grievance notice, the case is liable to be remanded.

4. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for re‑decision.

A. E.

Appeal accepted.

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