Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- -- S. 37-appeal before Appellate Tribunal-Cross-objection-To be restricted to extent of appeal-Labour Court awarding re-instatement without back benefits-Appellant claiming back benefits in appeal Respondent in cross-objection seeking setting aside order of re-instate­ment-Such prayer, in circumstances, held, 'could not be made in cross-objection and respondent should have brought separate appeal for his prayer. (b) Industrial Relations Ordinance (XXIII of 1969)----- ------S. 25-A-Grievance petition against dismissal for misconduct­ Reinstatement-Back benefits-Non-service of charge-sheet-Not a technical defect-Workman on re-instatement on such ground, held, entitled to back benefits. (c) Industrial Relations Ordinance (XXIII of 1969)- ------Ss. 25-A (5) & 38 (3)-Grievance petition against dismissal for mis­conduct-Bus Conductor's case-Charge of interpolation in tickets ­Labour Court to go into all facts of case-Non-production of tickets allegedly interpolated not produced before Court-Not a technical defect but going to root of case -Refusal of back benefits by Labour Court while awarding re-instatement, in circumstances, not approved by appellate Tribunal and appellant (workman), held, entitled to back benefits also because due to non-production of tickets charge not established. Ch. Ghulam Qadir Cheema for Appellant. Shuja-ud-Din for Respondents. Date of hearing : 15th January, 1984. JUDGMENT The appeal titled above emerges from the decision, dated 11th Novem­ber , 1982 recorded by the learned- Presiding Officer, Punjab Labour Court No. 7, Gujranwala directing the re-instatement of the appellant in service without back benefits. The appellant claim, back benefits in this appeal. 2. The respondent has filed cross-objections also that are being decided alongwith the main appeal Prayer in the cross objections is to set aside the direction of re-instatement. I am afraid such a prayer cannot be mad in cross-objections. Since the order of dismissal was set aside, the respondent was an aggrieved party and should have brought appeal, if he wanted to challenge the order of…

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