1996 PLP 220 (PLC)

Appeal No. KAR‑273 of 1995, decided on 3rd September, 1995. ‑‑‑S. 25‑A‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(e)‑‑‑Dismissal from service‑‑ Employee was dismissed from service after issuing him charge‑sleet and holding enquiry against him on charge of remaining absent from duty without leave for more than 33 months‑‑‑Employee who claimed that he remained ill during that period, produced a Medical Certificate from a private Medical Practitioner which certificate did not show date from which employee suffered from illness‑‑‑Doctor who issued Medical Certificate was not even summoned by employee in Court‑‑‑Medical Certificate, thus by itself had no evidentiary value‑‑‑Absence of employee from duty without leave being a continuing wrong giving rise to continuing cause of action, question of limitation would not arise in the case‑‑‑Employee, in circumstances, was rightly dismissed from service on ground of absence from duty without leave. MA. Hassan Malik for Appellant. Date of hearing: 3rd September, 1995. This appeal is directed against the order of 5th Sindh Labour Court, Karachi, dismissing petition under section 25‑A of the I.R.O. for re‑instatement in service of the appellant with back benefits.

2. The appellant was appointed as an electric helper in the Railways on 25‑1‑1976. He applied for grant of 1,0 days' leave with effect from 10‑6‑1986. The applicant did not obtain any leave order but continuously remained absent until 2‑1‑1988 when he reported for duty. His excuse for absenting himself for more than 33 months was that he was lying ill. He has produced a Certificate from a private Medical Practitioner of Baghdadi Area, Karachi dated 6‑1‑1987 that the appellant was under his treatment for infective hepatitis and he has been advised rest from 25‑12‑1986 to 31‑3‑1987. This certificate does not show the date from which the patient was suffering nor does it bear the signature of the patient. The patient resided in the Area Bagh area situated at the distance 7 or 8 miles from Baghdadi. The Medical Certificate by itself has no evidence unless the doctor is examined. In this case the doctor was not even summoned by the appellant in the Labour Court. This Medical Certificate is hardly of any value. There is no evidence of medical test in a case of infective hepatitis nor does it show the type of infective hepatitis whether it was A, B, C, D or E. Absence from duty without leave is a continuing wrong giving rise to a continuing cause of action. The question of limitation would not, therefore, arise, when the appellant reported for duty he was charge‑sheeted and an enquiry was held against him. He was found guilty and after a second show‑cause notice he was dismissed from service.

3. Under the circumstances the appeal appears to be without substance and I can see no reason for interference. Appeal is accordingly dismissed in limine. H.B.T./2516/Lb.S Appeal dismissed.