Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 31

Industrial Disputes Ordinance (L VI of 1959), S. 31 and West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 37 read with West Pakistan Road Transport Workers Rules, 1962, .r. 6 Re-instatement - Benefit of back wages - Powers of Court in disposing of application for re-instatement against alleged 'illegal dismissal- Whether back wages be allowed-Discretion of Court to be exercised, judicially and in a manner fair and equitable to boils parties-Court should dispose of such application expeditiously and within 6 months-Application remaining pending before Court for over three years-Applicant, after re- instatement in circumstances allowed back wages ~or a period of 6 months only from date of impugned order. Date of hearing: 1st July 1970.   DECISION This is an appeal against an order dated the 14th of March 1970, whereby the learned Chairman of the 1st Industrial Court, Karachi, ordered the re-instatement of the respondent, Fakir Mohammad, on the ground that he had been wrongly dismissed' by the appellant. The learned Court also granted full back benefits. 2. There are two questions that require consideration. One is as to whether the respondent, Fakir Mohammad, was wrongly dismissed and as to whether he is entitled' to full back benefits from the date that he was dismissed to the date that the impugned order was passed: So far as the question of wrongful dismissal is concerned. I' have gone through the record. of this case and I have come of the conclusion-that the order .of the learned Court cannot be challenged. The only point that requires consideration is the question of "full back benefits". In this connection, the facts necessary are these. Fakir Mohammad was dismissed - on 6th August 1966. He made an application under section 31 of the Industrial Disputes Ordinance, 1959 (herein. after called the Ordinance of 1959), on 5th January 1967. The application was disposed of, as already mentioned, on 14th March 1970. The application remained pending for a little over three years before the learned Court. The question is as to, whether the appellant should be penalised by payment of full back benefits up to-the date that the…