Case Details

Citation(s)
1978 SLG 978 1978 SLD 978 1978 PLC 109
Labour Appellate Tribunal, Punjab
Petition No. 179 of 1975, decided on 29th December 1975
RAI ABDUR RAZZAQUE KHAN, PRESIDING OFFICER

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SAMIUL HAQ

VS

SETHI STRAW BOARD MILLS LTD.

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- S. 51 read with S. 25-A-Recovery as arrears of land revenue--­Order of Junior Labour Court re-instating workman with back wages etc. confirmed by Labour Court-Management, to circumvent order of re-instatement, abolishing post of such worker-Arrears of wages, bonus and other dues not paid to workman--Ordered to he recovered from Management as arrears of land revenue. Munawar Ahmed Javed for Petitioner. Izaat Purl for Respondent. ORDER Petitioner has filed this petition under section 51 for the recovery of 3443-50 rupees as arrears of Land Revenue. A notice was issued to the respondent who appeared and raised certain preliminary objections. Those objections were overruled fide my order dated 26-6-1975, in the file. That order may be read as a part of this judgment. Petitioner was dismissed on 16.6-1974, but he was re-instated by the Junior Labour Court on 31-1-1975, with back wages and that order of re-instatement, was confirmed by this Court on 26-2-75. After his dismissal he was paid Rs. 1,125.45 on 29-6-'75 and wages medical leave for 14 days? 11 years gratuity on basic pay of Rs. 174 Order of Junior Labour Court was announced on 31-1-1975. Contention of the Management before the Junior Labour Court as well as before this Court was that petitioner resigned of his own but that contention was neither accepted by the Junior Labour Court nor by this Court and that is why petitioner was re-instated with back wages. His dismissal letter is on the file and it is dated 15,6-75. The alleged resignation, which is not in his hand is also dated 15-6-75. He joined service on 8-2-75, in consequence to the orders of the Junior Labour Court. He worked for 3 days when the Management, while playing fraud on this Court by withholding facts got a stay order. There could be no stay order after the petitioner had resumed duty according to the orders of the Junior Labour Court. On confirmation of the order of the Junior Labour Court on 26-2-75, petitioner went to resume duty and made an application to that effect. That application is Exh. D. A. on the file. It is to the effect that petitioner should be given duty. It contains no…
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