Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 38 (3)-Reinstatement-Back benefits - Dismissal for misconduct- Alleged misconduct not established -- Petitioner not stating that he remained out of job during dismissal period­--Back benefits, held, are given to compensate worker for not earning his livelihood and if working gainfully, he has to account for it to his employer-Back benefits, in circumstances, held, rightly dis­allowed by Labour Court while awarding reinstatament. Zia Ullah for Appellant. Yousaf Hussain Dilawari for Respondent. Date of hearing : 16th February, 1985. JUDGMENT The two appeals captioned above arise from the decision, dated 18th December, 1984 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby Muhammad Hanif (hereinafter to be called as the respondent) was directed to be reinstated in service without back benefits: Punjab Urban Transport Corporation (hereinafter to be described as the appellant) has challenged the direction of reinstatement, whereas the respondent has in his appeal claimed back benefits. As both the appeals arise from the same decision, they are being disposed of to­gether through this single judgment. 2. The allegation for which the respondent was dismissed from service was that disbursement of the pay of one Ali Ahmad had been stopped due. to his absence and the appellant got his salary paid to one Liaqat Ali. The charge was not established…

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