Law: Industrial Relations Ordinance, 2002

Section: 46(5)

Industrial Relations Ordinance (XCI of 2002)--- ----S. 46(5)---Dismissal from service---Reinstatement---Possibility of strained relationship between employer and employee in case of reinstatement---Effect---Compensation in lieu of reinstatement---Scope ---Petitioner/employee contended that Labour Court had rightly reinstated him as the other employee whose overstay was alleged upon him, had already reinstated by the competent courts---Employer contended that in the wake of probable hostile atmosphere in future between the parties, Appellate Tribunal had rightly modified relief into maximum compensation in lieu of reinstatement---Validity---Possibility of enacting a law and order situation following reinstatement could be an easy excuse justifying compensation in lieu of reinstatement, however, such possible strained relationship would provide a new cause of action to proceed against such employee---Even otherwise, the record must reflect that the employee had been leveling ridiculous, outrageous, arrogant allegations against the employer adding to confrontment, haughtiness against the management, therefore, the reinstatement would amount to kicking them from behind and humiliation, disgrace and embarrassment, eventually enhancing the degree of disharmony and conflict against the object of law---Only allegation against the petitioner, in the present case, was that he had allowed the other employee's overstay while the petitioner contended that he was permitted/directed by the Shift incharge to do so---Said important witness i.e. Shift incharge was neither produced by the employee nor by the employer---Concurrent findings were that termination of the petitioner was unlawful---Petitioner was not alleged to have either misbehaved or threatened the management or tried to disturb the working environment of the factory---Employee had been granted certain rights under the labour laws which needed to be protected and if such employee was dragged into litigation by employer, employee could not be said to have contributed in the strained relationship between the employee and the employer---High Court set aside the impugned to the extent of payment of compensation which…

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