Law:

Section:

(a) Industrial dispute Strike-Mere stoppage of work or cessation of work-Not same as strike-Workman joining others staging a protest during work ing hours-Mere address by respondent worker voicing taking back resignation of a worker-Does not establish any charge particularly when respondent forced, to address by crowd. Sitalpur Sugar Works Ltd. v. State of Bihar (1958) 11 L L J 95 and Ghosh v. Joseph (1962) 11 L L J, 615 rel. (b) Industrial dispute Re-instatement--Back benefits-No specific provision in law for awarding full back benefits on re-instatement-Matter taking 3 years before Labour Court and Workman not establishing his being not employed gainfully elsewhere during intervening period Grant of full back benefits, in circumstances held, not quite appro priate. Date of hearing : 24th April, 1980.                                                                                                       DECISION This appeal is, directed against a decision of the learned First Labour Court, given on 8th March, 1980 allowing the grievance petition filed by the respondent workman and directing the appellants to re-instate him in service with back benefits. 2. The facts which form the background of this appeal, shortly stated, are that the respondent, who was serving as a chargeman in the Karachi Shipyard and Engineering Works Ltd., hereinafter referred to as the `Shipyard' was charge-sheeted in respect of an incident which occurred at the premises of the Shipyard on 30th June, 1976. On the basis of the domestic enquiry held against the respondent, wherein his misconduct is said to have been established, he was dismissed from service by the Shipyard with effect from 8th September, 1976. The respondent challenged the action taken against him by means of a grievance petition under section 25-A, I. R. O., before the learned Labour Court. The Shipyard resisted the claim of the respondent on the ground that he was…