Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 37-Railway employee-Claim for wages of suspen­sion period-Employee placed under suspension due to being in Police custody on account of criminal case but re-instated after acquittal by criminal Court-Labour Court holding that acquittal was to be construed as honourable acquittal and allowing claim for full pay for entire suspension period-Judgment of Criminal Court indicative that acquittal was on account of benefit of doubt-Order of competent authority allowing only suspension allowances, in circumstances, upheld, and order of Labour Court set aside by Labour Appellate Tribunal--Pakistan Railways Establishment Code, Vol II, rr. 2043 & 2044. Sardar Ali Bhatti v. Pakistan P L D 1961 Lah. 664 and Divisional Superintendent, N. W. R. v. Muhammad Sharif P L D 1963 S C 340 rel. Shabbir Ahmad Awan for Appellants. Nemo for Respondent. Date of hearing: 2nd March, 1981, ORDER The respondent, who was employed as a Loco Muawan at the Loco­shed Rohri, was arrested in a private murder case on or about 9th June, 1974. It. appears that he remained in custody in connection with that case upto 12th April, 1977, when he was released on bail. Ultimately he was acquitted by the Sessions Court whereafter he reported for duty. The appellants, while permitting the respondent to resume his duties, have allowed him only suspension allowance during the period that he was in custody and was not working for the appellants, on the ground that the respondent had been placed under suspension during the intervening period and though the orders of suspension had been withdrawn, since the respondent had not been honourably acquitted, he was not entitled to full wages for the said period. The respondent brought his claim before the learned Labour Court which has taken the view that an acquittal in a criminal case is to be construed as an honourable acquittal and that as a matter of fact there is no distinction between honourable acquittal and acquittal simpliciter. The learned Labour Court has, therefore, directed that the respondent be paid full wages for the person that he was under suspension. Aggrieved by this decision the…

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