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Industrial Dispute----Termination of service Appeal before Supreme Court Employer showing willingness to re employ employee on humanitarian consider¬ation provided employee does not insist for back benefits Supreme Court holding offer very fair observed that employee be granted seniority on basis of having been throughout in service i.e. right from date of his appointment and allowed notional promotions so that incre¬ments falling due as from his termination to date of his rejoining ser¬vice allowed to him Appeal disposed in view of settlement. JUDGMENT NASIM HASAN SHAH, J. This appeal by leave of this Court is directed against the judgment of the Lahore High Court dated 1 8 1977 dismissing the writ petition filed by the appellant herein, in limine. The appellant was appointed as a peon in the Agricultural Development Bank of Pakistan on 8 5 1974. On 25 11 1974, be was promoted as Head Security Guard and earned his annual increment vide office order dated 22 5 1975. However, on 5 12 1975, his services were terminated on payment of one month's salary. The reason for this abrupt change in the attitude of the respondent was that on verification of character and antecedents of the appellant, the Superintendent of Police had reported that he had been challaned on 9 5 1962 under section 379, P. P. C. The appellant challenged the order of his termination before the Punjab Labour Court No. 2, which accepted his application on 22 3 1976 and directed his re instatement with full back benefits. We are informed that he was, accordingly, re instated and full back benefits were also paid to him. However, on appeal preferred by the respondent Bank, the Punjab Labour Appellate Tribunal on 5 6 1976 set aside the order of the Punjab Labour Court No. 2 With the result that the services of the appellant` again stood terminated. This order was challenged by the appellant by filing a writ Petition (W. P. No. 1840 of 1976) but the same was dismissed in limine on 1 2 1977. Leave to appeal having been granted by this Court against the said judgment hence this appeal. The learned counsel for the appellant, inter aria, submitted that…

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