Law:

Section:

Industrial Relations Act (IV of 2008)--- ----S. 41---Constitution of Pakistan, Art.199---Constitutional petition---Unfair labour practice---"Workman", proof of---Back-benefits---Principle of no work no pay---Applicability---Labour Court allowed grievance notice and reinstated employees with back-benefits---Judgment passed by Labour Court was maintained by Labour Appellate Tribunal---Plea raised by employer was that employees were officers and not "workmen"---Validity---Only nature of job/work could determine the status of worker/workman and designation was not determining factor---Employees claimed to have performed their duties as "workers", therefore, it was inevitable upon them to have disclosed their nature of job in grievance notice as well as in application under S.41 of Industrial Relations Act, 2008, but the same was not done and both the Courts below failed to take note of such important aspect and feature of the case---To invoke jurisdiction of Labour Court for maintaining proceedings within the ambit of labour laws, the status of applicant as "worker" and his termination should be the result of industrial dispute were sine qua non---Reinstatement of employees with back benefits was contrary to the principle "no work no pay"---Back-benefits were not to be allowed as punishment to employer or exemplary in favour of employees but was meant just to accommodate an employee who had suffered on account of losing his job and by not availing a gainful job within the intervening period---Labour Court as well as Labour Appellate Tribunal misread and misappreciated evidence/ material available on record---High Court set aside the s passed by two Courts below and remanded the case to Labour Court for decision afresh--Petition was allowed accordingly. 1998 SCMR 644; 1991 SCMR 2300; 2001 SCMR 1928; 1993 SCMR 1370; 2004 PLC 213; 2002 SCMR 943; 2012 PLC 249; 2010 PLC 392; 2009 PLC 50; 2008 PLC 40; 1996 PLC 550; 2007 PLC 220; 2003 SCMR 74; PLD 2011 Pesh. 178; 2011 CLC 244; Muhammad Wali Khan and another v. Gul Samar Khan and another PLD 2010 SC 965 and Muhammad Anwar v. Abdul Hameed and others PLD 2010 Quetta 33 ref. 2011 PLC 286 rel. JUDGMENT MUHAMMAD NOOR MESKANZAI,…

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