Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition/grievance notice---Dismissal from service---Grievance notice served to employer had not been signed by workman himself---Effect---Workman had written his name in Urdu on the notice under the direction of his counsel---Validity---Name of the workman appeared quite at the place where signature of an applicant was required to be put on---Notice, in circumstances, could not be said to have not been signed by the workman himself as the requirement of S.25-A of Industrial Relations Ordinance, 1969 had been fully complied with. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Dismissal from service---Re­instatement---Back-benefits---Entitlement---Labour Court re-instated the workman along with back benefits---Petitioner had not placed any evidence on record that during the intervening period he was not doing any other job---Effect---Petitioner workman was obliged have to shown that during the intervening period of his dismissal from service and re-instatement, he remained jobless, otherwise petitioner could not competently claim back-benefits and he would only be entitled to receive the same from the date of order of re-instatement passed by the Labour Court---Appeal was partially allowed---Judgment of the Labour Court was modified accordingly---Workman was granted back-benefits from the date of the of Labour Court. JUDGMENT MIAN FASIH-UL- MULK, J.--- This appeal is directed against the judgment of learned Presiding Officer, Labour Court Mardan dated 2-7-2011, whereby Grievance Petition of respondent Muhammad Ilyas Khan was accepted and he was ordered to be re-instated in service from the date of filing grievance petition. 2. Brief facts of the case are that petitioner was a permanent employee in the appellant/mills and performing his duties as driver. He was suspended on the ground that he had produced a receipt of Rs.440 for filling CNG in vehicle No.0034-Mardan but in fact not filled in the same. Inquiry was conducted against him as well as one Safdar Khan for his negligence not to check and verify the availability of CNG in the vehicle and…

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