SINDH ROAD TRANSPORT CORPORATION, KARACHI Versus IMAM BUX

DECISION

This appeal against the order of the Labour Court, Hyderabad ordering re‑instatement of the respondent (herein) with full back benefits, arises in the following circumstances.

2. The respondent was working as a Conductor with the appellants and at the relevant time was posted at Badin. It was alleged that he made himself scarce from there on 22‑9‑1990, not reporting on duty for days together. A report was thereupon made to the authorities.

3. A show‑cause notice was issued at his home address. It was returned with an endorsement of the postal authorities that the addressee had refused to accept the same. Then a notice was despatched to show cause as to why he should not be proceeded for misconduct. The letter which was sent through registered post again came back with the same endorsement. Confronted with this situation, the appellants ordered domestic inquiry which proceeded ex parte. As the respondent did not turn up to defend himself his services were terminated.

4. This letter had been duly received by the respondent. He sent a grievance notice, and following it up with the grievance petition.

5. The contention raised in the petition, suggesting that the petitioner had sent a Medical Certificate alongwith an application for the grant of leave, came to be denied in the written statement.

6. The petitioner apart from himself examined Ahmed Ali Shah, Traffic Supervisor, while Arz Muhammad Abro the District Manager and the Enquiry Officer, Muhammad Haroon Abbasi (A.T.M.) appeared on behalf of the S.R.T.C.

7. The learned Presiding Officer accepting the version of the petitioner that he had sent a Certificate of illness alongwith the leave application, allowed the petition with full back benefits.

8. Mr. Fasahat Hussain Rizvi unfortunately could not attend. Since Mr. Abro, who professes to argue the appeal personally had to face a number of adjournments earlier, I would decline to postpone any further.

9. Mr. Arz Muhammad Abro, the District Manager has stated that pursuant to the order of the Labour Court the conductor had been re‑instated and remains working. He also had earlier admitted the existence of the application on the Department's record. There is also the L.M.C. Hospital O.P.D. Department Slip.

10. The contention that the respondent having his posting at Badin, could not live at his home which is at Jamshoro, has no force as on the appellants his own showing there is no accommodation for the respondent at Badin, and otherwise too other employees were also living at their village homes. The question of his illness being there from the record itself, I do not think that there is any reason to find fault with the conclusion arrived at by the learned Labour Court with regard to the order of dismissal.

11. However, there is nothing on the record, from the grievance notice to the evidence in Court to show that the respondent was jobless. In view of the decision in the case of Muhammad Bashir v. Punjab Labour Appellate Tribunal 1991 SCMR 2087 he will not be entitled to back benefits.

12. I will, therefore set aside this part of the order of the Labour Court.

13. With this modification the appeal is dismissed.

H.B.T./2223/Lb.S. Appeal dismissed

THE END