Law:

Section:

(a) Sindh Industrial Relations Act (XXIX of 2013)--- ----Ss. 3, 34 & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i), S.Os.12(3) & 15(3)---Promotion---Refusal to accept by employee---Dismissal from service---Worker, who was working as Senior Mechanical Technician since 1997 and was office bearer of C.B.A. Union in the establishment, was dismissed from service on the charge of not accepting promotion to Management Cadre as Sub-Engineer (Planning)---Contention of the employer, was that refusal to accept promotion was gross misconduct on the part of worker---Validity---Promotion, was a reward, and not a liability or punishment, which could be enforced or suffered---In absence of any Service Rules or terms and conditions of service contract to the contrary, an employee could not be forced to accept promotion---Promotion would bring change in job description---Contention of the employer that the worker being interested more in trade union activities than his work, and he was not a good worker fit to be retained in service was self-destructive and lent support to the contention of the worker that he was being promoted, only to keep him away from trade union activities---Right to form Union, had been recognized as a fundamental right under Art.17 of the Constitution---Refusing to reinstate the worker, who was trade union activist, would have the retrogressive effect of discouraging trade union activities, and encouraging employer to get rid of trade union activists by foul means---Worker, was not entitled to back benefits, as he had failed to show that he had made any effort to engage himself in any gainful pursuit---Impugned to the extent of reinstatement of the worker, was upheld; while it was set aside to the extent of giving direction for holding fresh/further inquiry---Back benefits, were not awarded to the worker. (b) Industrial dispute--- ----Back benefits---Scope---Back benefits, were awarded not as punishment to the employer for wrongful removing the worker, but to compensate the worker for the loss sustained by him due to his inability to get himself employed in any gainful pursuit---Back benefits, were not…

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