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MUHAMMAD ISMAIL MUHAMMAD ASLAM (PVT.) LTD. versus BAKAR


Section 25 Termination of services Absence of duty without permission Domestic investigations resulted in termination of employee's services resulting in him being found guilty of absent duties without the permission of the employees, as he was found to have been registered with the union. The Department of Labor had to attend. No explanation was sought by them regarding the alleged absence, the employee was subjected to his trade union activities; he was employed in the appellant company for 5/6 years when he was charged. It was revealed that on some occasions the employee was absent while the CBA proceedings were pending before the Registrar, the employee of the trade unions did not prove to be absent without leave. There was no evidence that at any point before 1986 he was absent without informing the employees so that he could be blamed. Being absent without a habit leave does not appear to the Inquiry Officer to be impartial.

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