Law:

Section:

Industrial Relations Ordinance (XXIII of 1569)­ ---- Ss. 25-A & 36-D-Re-instatement-Back benefits-petitioner having been involved in murder case not connected with his employer found by Junior Labour Court to have been wrongfully terminated Order of Junior Labour Court modified to extent that workman concerned be re-instated with back benefits w. e. f. date lie reported for duty. Kh. Saeedul Hasan for Appellant. Ch. Waheed Saleem for Respondent. JUDGMENT Iftikhar Ahmad Butt the appellant was employed as clerk, in the Oriental Bank of Commerce Ltd., Lahore, an Enemy Property, which is presently under the control of the respondent, the Assistant Custodian of Enemy Property, Banking Control Department State Bank of Pakistan Lahore on 13th September 1966. The appellant was confirmed with effect from 3rd October 1972. The appellant was involved in a murder case in April 1973. He intimated his employer on 201h April 1973 about his involvement in the criminal case and of his inability to attend his office. He remained in the lock-up till 15th August 1974. He eras released en bail by order of the High Court on 15th August 1974. On 17th August 1974 he approached the res­pondent and reported for duty on 27th August, 1974, he was informed through a memo that lie had ceased to be in service with effect from 7th July 1973 as lie had exhausted the leave due to him and that he might apply to the bank for re-appointment after he vas acquitted of the charge. The appellant represented against this order but the respondent turned down his representation. The appellant then filed a writ petition in the Lahore High Court, which was dismissed on the ground that the appellant should in the first instance seek redress before the Labour Court. The appellant consequently filed an application under section 25-A of the Industrial Relations Ordinance, 1969 before Junior Labour Court No. 2, Lahore against the respondent seeking his re-instatement and the back benefits. 2. The respondent resisted the application of the appellant before the learned Court below inter alia on the ground that the appellant had already exhausted the leave due to him under the bank rules and since no more…

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