Law: Punjab Industrial Relations Act, 2010

Section: 33,46(3_),47

Punjab Industrial Relations Act, 2010 (XIX of 2010)-- ----Ss. 33, 46(3) 47--Employment as shift jobber--No permission to entered in mills--Grievance petition--Allowed was reinstated with back benefits--Non-determination of essential legal requirement--Modification in --No entitlement for back benefits--If there was some omission on part of respondent in matter of not challenging so-called resignation application and when appellant had suspiciously withheld such an important document from Court, labour Court was justified to declare such document as illegal--It is indeed a settled legal position that onus lies squarely upon employee to prove that during entire period he remained out of service and was not doing any job after he was dismissed and back benefits do not automatically follow order of reinstatement--Judicial opinion of labour Court in awarding back benefits to respondent without determining essential legal requirement cannot be held sustainable in eyes of law--Impugned of learned labour Court shall be deemed to be modified accordingly and it is declared that respondent shall not be held entitled to back benefits--Appeal partially allowed. Ch. Salim Akhtar Warraich, Advocate for Appellant. Mr. Nadeem Parwaz Chaudhry, Advocate for RespondentNo. 1. hearing date: 13.4.2021. JUDGMENT This Labour Appeal under Sections 46(3)47 of the Punjab Industrial Relations Act, 2010 has been preferred against the impugned judgment dated 04.03.2019 passed by the learned Presiding Officer, Punjab Labour Court No. 09, Multan. whereby a grievance petition filed by the Respondent No. 1 Bashir Ahmad stands accepted. 2. Precise facts giving rise to the instant appeal are that the respondent Bashir Ahmad instituted a grievance petition under Section 33 of the Punjab Industrial Relations Act, 2010 against the appellant Colony Textile Mills (CTM) with a claim that he was employed as Shift Jobber in the appellant establishment on 06.09.2010 and continued to perform such duty satisfactorily and on 24.06.2014 when the respondent came to join his duty as per routine and inserted his duty card in computer after duty hours at 5:00 PM the same was bounced as non operative, whereupon the…

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