Law:

Section:

Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 41, 54(2) & 55---Grievance petition---Reinstatement of employee with back-benefits---Labour Court vide impugned allowed grievance application of the employee and reinstated him with back-benefits---Validity---Labour Court had discussed in detail each and every issue in the light of evidence produced by the parties; and left no room for interference of Appellate Tribunal---Impugned order of the Labour Court was upheld with modification that employee be reinstated from the date of passing of impugned of Labour Court with no back benefits; as nothing was brought on record that during the period of termination the employee was jobless. 1995 PLC 325; 2006 SCMR 590=2005 PLC 364; 1996 PLC 556; 2002 SCMR 416 and 2002 SCMR 1004 ref. C.P. No.54 of 2011 and 2007 PLC 398 distinguished. JUDGMENT ABDUL GHIAS NOUSHERWANI (MEMBER).--- This appeal is directed against the dated 9-7-2013 passed by learned District and Sessions Judge first Labour Court Balochistan Quetta wherein the grievance application of respondent was allowed with back-benefits. 2. During the pendency of instant appeal the learned counsel for respondent submitted an application for making direction to appellant to deposit the back benefits which was strongly opposed in rejoinder. The learned counsel for respondent referred only one order sheet dated 30-12-2008 passed by Vacation Judge of honorable High Court of Balochistan in Labour Appeal No.51 of 2008 wherein order passed on C.M.A. No.54 of 2008 as under:--- "Notice, subject to deposit of back-benefits with Registrar of this Court who should further fix it in the saving accounts. Operation of impugned order is suspended. Matter is adjourned after vocations." The learned counsel for respondent in above said application referred 1995 PLC 325 and 2006 SCMR 590 = 2005 PLC 364 but neither the above said authorities were produced nor the learned counsel discuss the same. From perusal of all Labour laws from beginning till today no such provision is available for deposit of back-benefits for the maintainability of appeal except in the cases of Workmen's Compensation Act, 1923. Therefore the above…

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