1998 PLP 132 (PLC)
PAKISTAN RAILWAYS through General Manager Lahore and another Versus ABDUL HAKIM
| Citation | 1998 PLP 132 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtak Ali Kazi, Appellate Tribunal |
| Parties | PAKISTAN RAILWAYS through General Manager Lahore and another Versus ABDUL HAKIM |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1998 PLP 132 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 132 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtak Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 132 (PLC) (PAKISTAN RAILWAYS through General Manager Lahore and another Versus ABDUL HAKIM). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Latif Saghar for Appellants.
- Gohar Iqbal for Respondent.
- Date of hearing: 14th March, 1997.
Headnotes / Summary
S. 25-A
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(e)
Absence from duty
Employee who proceeded on one month's leave remained absent for 16 years without any intimation
During trial of grievance petition filed by employee for his re-instatement, employee filed medical certificate alongwith his application for condonation of delay which simply showed that employee suffered for some days for backache and angina on exertion and employee was not shown suffering from any serious disease
Employee, thus, was rightly dismissed from service and could not be re-instated in service after such a long absence from duty without any sufficient reason.
Judgment & Decree
M. Latif Saghar for Appellants. Gohar Iqbal for Respondent. Date of hearing: 14th March, 1997. This Appeal by Pakistan Railways arises from order of the Fifth Sindh Labour Court, Karachi allowing the grievance petition of one Abdul Hakim wireman for reinstatement without back benefits.
2. Abdul Hakim was appointed Assistant Wireman in the Pakistan Railways on 6-5-1955. He proceeded on one months' leave with effect from 2-9-1977. It is alleged that during the period of leave the respondent suffered from Schizophrenia and became mentally sick. He regained his sense in 1993 after more than 16 years and reported for duty. He was then served with a show-cause notice and was dismissed from service by the order dated 3-11-1994. The respondent served the Railways with his grievance notice and then filed his grievance petition before the Labour Court.
3. Under the Railways Rules a person not heard of for 5 years or snore is presumed to have died. Under General Law this presumption arise after 7 years. But in this case for more than 16 years no intimation was sent regarding his condition to the Railways. During the trial the respondent, produced the Medical Certificate dated 29-3-1995. This certificate was filed with application under section 5 of the Limitation Act for condoning of delay. The certificate shows that from 3-2-1995 to 29-3-1995 the respondent was suffering from backache and angina on exertion. He was advised to do light work. Thus, no Medical Certificate for the alleged Schizophrenia has been produced from any Mental Hospital.
4. Mr. Gohar lqbal for the respondent makes a statement that he has no objection if the appeal is allowed and he does not press for reinstatement of the respondent but he requests that on compassionate grounds the respondent may be granted proportionate pension as even now he is not in a fit state of health to do any work. I leave it to the appellant D.S. Railways to consider this request of the respondent sympathetically.
5. This appeal is otherwise allowed and the order of the Labour Court is set aside. H.B.T./228/Lb.S Appeal allowed.