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Appeal No. HYD‑246 of 1984, heard on 18th April, 1985.

‑‑S. O. 15 (4)‑Charge‑sheet‑Limitation of one month‑Bank employee leaving headquarter without intimation and permission and absenting from duty‑Charge‑sheet served with one month of mis conduct coming to notice of competent authority ‑ Cause of action in circumstances, held, continuing due to persist absence hence there was no question of limitation and plea that counting from date of start of absence charge was beyond limitation repelled.

‑‑Misconduct ‑ Absence from duty ‑ Bank employee absenting without permission‑Leave applications on illness grounds sent after two months supported by Medical certificate‑Contention that Medical certificate was not be discarded and Management could constitute a Medical Board to certify illness ‑ Contention, in circumstances, repelled.

Wasiullah Qureshi for Appellant.

M. Bashir awan for Respondents.

Date of hearing : 18th April, 1985.

The instant appeal is directed against the order, dated Ist 1984 of the Presiding Officer, Labour Court No. VI at Hyderabad. Labour Court dismissed the grievance petition of the appellant filed section 25‑A, I.R.O., 1969.

2. The appellant was working as Grade‑III Officer at Deb Darosota Branch of the respondents at Tando Allahyar. It is alleged that he fell ill from 16th June, 1982 and remained under the treatment of one Dr. Saeed Qazi of New Saeedabad. The intimation of sickness was, however, sent to the Manager of the Branch. It is alleged that this registered letter was refused by the Manager. Then again a letter, dated 19th October, 1982 was repeated to the Zonal Chief of Hyderabad but with no reply. He was charge‑sheeted on 20th October, 1982 and since charge -sheet was sent to his residential address at Tando Allahyar. He could not receive the same because at that time he was residing at Hyderabad. An enquiry was conducted and he was dismissed on 17th February, 1983. His appeal was rejected on 28th April, 1983. Thus he filed the grievance petition on the grounds that the charge‑sheet was in violation of Standing/Order 15 (4) of the Standing Orders Ordinance, 1968.

3. The respondents contested and in their reply statement, dated 20th December, 1983 pleaded that the charge‑sheet, dated 20th October, 198 was issued within one month of the notice of the misconduct committed by the appellant. It was also disclosed that the appellant has abscond ed from his duties from 16th June, 1982 and sent his leave application much later as on 19th September, 1982. The leave application was on false grounds. It is the case of the respondents that despite the issuance of the enquiry letter, dated 11th October, 1982, the appellant failed to participate in the enquiry and the proceedings were held ex parte and rightly so the charge was established and he was accordingly dismissed.

4. The appellant examined himself alone in support of his case while Ashiq Hussain was examined on behalf of the respondent. I have heard Mr. Wasiullah Qureshi, Advocate and Mr. Bashir Awan, Advocate, for the respondents. I have also read attentively the impugned order of the learned Labour Court No. V1, Hyderabad.

5. The main features pertinent in this case are that the appellant remained absent from 16th June, 1982. No intimation was liven to the Bank. It is alleged that a registered letter as late as on 21st September, 1982 was despatched but the same was not proved to have been received. Another letter is alleged to have been sent to the Zonal Chief at Hyderabad, on 19th October, 1982 The contention of the appellant in his evidence is that he was suffering from some sickness. He obtained the Medical Certificate from one Saeed Qazi, a Doctor practising at New Saeedabad, a place about 50 miles from Tando Allahyar and of equal distance from Hyderabad. The certificate is dated 20th September, 1982 and is as under :‑

"Certified that Mr. Aijaz Ahmed son of Faiz Muhammad is under nay treatment .off and on from 16th June, 1982. He is suffering from Rheumatic Arthritis. He still needs rest and treatment for few more weeks."

6. He absented from duty from 16th June; 1982 and he felt a need of Doctor's certificate only on 20th September, 1982. He left the Head quarters without permission, without intimating that he is suffering from acute illness and needed rest. The Medical Certificate he could get from Hyderabad which is only 20 miles away from Tando Allahyar but he chose to have a certificate from New Saeedabad, a place 50 miles away from Tando Allahyar and ‑5A miles from Hyderabad. All along he resided at Hyderabad. He did not change his address, did not intimate the Zonal Chief at Hyderabad or the Manager of the Bank at Tando Allahyar that he was residing at Hyderabad. All the notices of the enquiry were sent at the address of Tando Allahyar which is natural. Rheumatic Arthritis is not a disease to completely disable the appellant from intimating personally or even by sending a person to intimate the Manager or the Zonal Chief of his illness in the month of June, 1982. He slept for, two months and then on 20th September, 1982, he thought to send a Certificate from New Saeedabad. This is erroneous, fictitious and fantastic. His absence by ‑ex pane proof is proved without intimation.

7. The main point raised by the appellant is that be was Grade III Officer and according to the Wage Commission, medical certificate is not to be discarded and even the respondents failed that a Board should be. constituted. This contention is without force inasmuch as he intimates about his illness two or three months after his remaining absent from duty. It appears that he was not willing to serve or he disappeared due to some allegations .against him. The cause of action was continuing as he remain ed absent and, therefore, there was no question of limitation. The enquiry of his being absent cannot be assailed on the grounds that the appellant has mentioned.

8. The impugned order is well‑reasoned and it is accordingly main tained. The appeal is dismissed.

A. E.

Appeal dismissed.

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