| Citation(s) |
|---|
| 1976 SLG 934 1976 SLD 934 1976 PLC 809 |
IVth Labour Appellate Tribunal, Punjab
MUHAMMAD MIAN QURESHI, PRESIDING OFFICER
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MUHAMMAD MIAN QURESHI, PRESIDING OFFICER
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LIEAH SUGAR MILLS LTD.
VS
MANZUR HUSSAIN
Law:
Section:
1976 P L C 809 [IVth Labour Court Punjab] Present: Muhammad Mian Qureshi, Presiding Officer LIEAH SUGAR MILLS LTD. versus MANZUR HUSSAIN Appeals Nos. 318 and 319 of 1974, decided on 4th March 1975. Industrial dispute-- -----Re-instatement--Back benefits--Permanent workman-Termination order found illegal-Workman oh re-instatement, held, entitled to back benefits also. Karam Hussain Summar with Syed Mumtaz Shah for Appellant. S. Rehmat Hussain Gilani with Nazeer Ahmad Naz for Respondent. DECISION The above-cited cases are the cross-appeals filed by the respective parties against the order dated 21-11-1974 passed by Mr. Muhammad Shafi Sabir, Presiding Officer, Junior Labour Court, Multan, whereby he accepted the petition of Manzur Hussain workman and having set aside the order of his dismissal ordered his re-instatement without any express order as to his entitlement to the back benefits accruing to him for the period intervening his dismissal and re-instatement. The Management has challenged re-instatement of the workman while the latter hay sought further relief for the back benefits for the period of his unemployment between 3-6-1974 to 31-10-1974 through their respective appeals. Since common questions are to be determined in the cross-appeals, they will be disposed of by this order. The appellant Manzoor Hussain is admittedly working in the respondent establishment since 23-11-1972 with nominal breaks of service. His services were terminated on 20-4-1973 on the plea of the closure of the crushing season. However, he was re-employed for the crushing season of 1973-74 and his services were again terminated on 14-2-1974. However he was once more re-employed on 16-2-1974 and terminated on 3-6-1974 as a seasonal temporary worker. According to the classification of a workman a permanent workman is he who has been engaged on work of permanent nature likely to last more than nine months and has satisfactorily completed a probationary period of three months in an establishment. A temporary workman is he who has been engaged in the work which is of an essentially temporary nature likely to be finished within a period not exceeding nine months. It is pertinent to note…
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