1996 PLP 737 (PLC(CS))
ABDUR RASHEED Versus MEHRAN SUGAR MILLS LTD., TANDO ALLAH YAR
| Citation | 1996 PLP 737 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtak Ali Kazi, Appellate Tribunal |
| Parties | ABDUR RASHEED Versus MEHRAN SUGAR MILLS LTD., TANDO ALLAH YAR |
| Primary Law | Industrial dispute |
Q1: What are the key laws and sections cited in 1996 PLP 737 (PLC(CS))?
This judgment primarily cites: Industrial dispute as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 737 (PLC(CS))?
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: 1996 PLP 737 (PLC(CS)) (ABDUR RASHEED Versus MEHRAN SUGAR MILLS LTD., TANDO ALLAH YAR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Aftab Hassan for Appellant.
- Date of hearing: 14th April, 1996.
Headnotes / Summary
Employee who on the very next day ' of his appointment, absented himself, sent application for medical leave supported by Medical Certificates showing that he suffered from typhoid fever
Medical certificates produced by employee were not proved to be genuine
Services of employee, thus were rightly terminated due to his absence from duty as alleged illness was just an excuse.
Judgment & Decree
Syed Aftab Hassan for Appellant. Date of hearing: 14th April, 1996. This appeal arises from the order of Sixth Sindh Labour Court. Hyderabad, whereby the grievance petition of the worker Abdur Rasheed claiming reinstatement, was dismissed.
2. Appellant Abdur Rasheed was employed as electric coolie during the crushing seasons by Mehran Sugar Mills. He came for appointment at the start of the season and was engaged on 26‑9‑1992 but on the very next day he absented himself and sent an application for medical leave supported by Medical Certificate that he was suffering from typhoid fever. By an order dated 1st December, 1992 the appellant's service was terminated with effect from 27‑9‑1992 the date of his absence. The appellant then served the management as the grievance notice and filed petition for reinstatement with all the back benefits.
3. The learned Labour Court found that the two certificates produced by the appellant were not genuine. One was from a doctor of Theroo Shah near Naushero Feroze. A man falling ill on account of typhoid at Tando Allahyar would not go to a doctor at Naushero Feroze District for treatment. It was believed that the appellant after having obtained the job for the season had left for Karachi and stayed away there until his services were terminated. The learned Labour Court accordingly dismissed the application for reinstatement and back benefits.
4. Syed Aftab Hassan for the appellant has not been able even to produce the copies of the Medical Certificates. The termination was due to absence of the appellant and illness was obviously an excuse. The management had therefore to appoint another person in his place during the crushing season.
5. I can find no substance in this appeal which is accordingly dismissed in limine. H.B.T./102/Lb.S Appeal dismissed.