Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38-Illegal termination of service-Labour Court awarding re-instatement with back benefits-Objection that claim for back benefit not having been made in grievance petition same could not have been awarded-Prayer in grievance notice as well as petition for re-instatement with pay-Claim for re-instatement with wages, in circumstances, held, can reasonably be considered as claim for re-instatement with back benefits hence objection repelled °by Appellate Tribunal. Khalid Javed for Appellants. S. M. Kohistani for Respondent. Date of hearing : 13th April, 1982. ORDER This appeal is directed against a decision of the learned IVth Labour Court, given on Ist February, 1982, upon the grievance petition filed by the respondent workman against his termination of services, by the impugned decision, the learned Labour Court has directed the appellants to re-instate the respondent workman in service with full back benefits as the termination of services was against the law. 2. The case of the respondent workman is that on 18th March, 1981, he was sent for by the Labour Officer of the appellants at his office where be was served with a letter intimating that his services had been terminated with immediate effect and that he should settle his accounts finally on 21st March, 198:. It is claimed by the respondent that this unauthorised action was taken by the appellants as he had been elected as a member of the managing committee of the Continental Footwear Industries Workers Union, which is the collective bargaining agent for the employees in the appellant establishment. The respondent has further claimed that the appellants were opposed to the working of the union and pressed him to resign from the membership of its managing com­mittee, but as he refused to do so, therefore, his services were unlawfully terminated. 3. On the other hand, the case of the appellant, as disclosed in their reply statement is that on 18th February, 1981, the respondent was brought to the M. D. by the Labour Officer, that the respondent informed him that he was no more interested in service and hence was leaving the employment of the…

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