Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 37-Appeal-In grievance petition under S. 21 of Industrial Re­lations Ordinance against termination of service due to misconduct--­Labour Court rejecting plea of employer that provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were not applicable-Appeal of employer against such order dismissed in default for non-prosecution-No restoration application made-Employer subsequently filing appeal against final order of Labour Court accepting grievance petition and ordering re-instatement-Raising same pleas again in fresh appeal - Such issues, in circumstances, held, could not be re-agitated having attained finality by dismissal although due to default of previous appeal. (b) Industrial dispute- - Re-instatement-Back benefits - Workmen employed somewhere else during intervening period-Benefit for such period of gainful employment not allowed. Aziz Manga for Appellant. Ch. M. Maarif for Respondent. Date of hearing : 9th March, 1980. DECISION The respondent, who was employed in the appellant society as an Assistant Accountant, was served with a show-cause notice, dated 7th May, 1978. containing charges of misconduct against him. The respon­dent's services were thereafter terminated with effect from 18th May, 1978, admittedly without holding an inquiry or giving him a show-cause notice. The respondent, accordingly, challenged the termination of his services by way of a grievance petition before the learned second Labour Court. Preliminary objections were raised by the appellant society to the maintain­ability of the grievance petition of the respondent on the grounds that the Standing Orders were not applicable to the appellant society as it was a charitable association and that further the respondent was not a workman for the purposes of the Standing Orders as he was incharge of the establishment of the appellant society. The learned Labour Court, by its -order, dated 24th May, 1979, rejected these legal objections. Against this decision, the appellant society preferred an appeal to this Tribunal, being Appeal No. KAR-293 of 1979. The said appeal was dismissed on…

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