| Citation(s) |
|---|
| 1985 SLG 2162 1985 SLD 2162 1985 PLC 809 |
Labour Appellate Tribunal, Punjab
Petition No. D. G. Khan 1 of 1984, decided on 18th November, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Petition No. D. G. Khan 1 of 1984, decided on 18th November, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE D. G. KHAN and ANOTHER
VS
Sh. MANZOOR AHMAD AND ANOTHER
Law:
Section:
Payment of Wages Act (IV of 1936)- --Ss. 15 & 17-Industrial Relations Ordinance (XXIII of 1969), S. 38 (3-a) - Deducted wages-Resignation-Appointing Authority holding resignation of employee as not voluntary reinstating him without back benefits-Arrears of intervening period refused Authority under Payment of Wages Act, 1936 accepting petition under S. 15 of Act ibid and order of Authority upheld by Labour Court in appeal-Appointing Authority while reinstating employee having stated that resignation was not voluntary, employee, in circumstances, held, compelled to remain out of service hence entitled to back benefits-Orders of Authority and Labour Court upheld in revision by Labour Appellate Tribunal. Abdul Majid Sindu for Petitioners. Respondents in person. Date of hearing : 12th November, 1984. JUDGMENT The order dated 15th May, 1982 passed by the Authority under the Payment of Wages Act and the order dated 27th November, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan in its appellate jurisdiction, are informed to be illegal and without jurisdiction. 2. The respondent who was an employee of the petitioners resigned from service. His resignation was accepted. He, thereafter, applied for reinstatement: The appointing authority holding that the resignation was not voluntary reinstated the respondent without back benefits. The respondent applied for arrears but was refused finally on 25th June, 1976. He, therefore, brought a petition under section 15 of the Payment of Wages Act to the Authority which accepted the same and the appeal before the learned Labour Court failed. 3. It has…
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