Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- -- Ss. 2(viii) & 25-A--Grievance notice upon employer -Workman transferred to a project under Site Engineer--Notice upon such Site Engineer being Agent of Firm, held deemed to be service upon employer. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Termination of service -Labour Court accepting grievance petition directing re-instatement with back benefits--Back benefits deposited with Labour Court and Order of Labour Court appealed against--Employer during arguments before Appellate Tribunal stating that project having been closed impugned order of Labour Court could not be fulfilled or enforced and suggesting for payment of Rs.10,000 as compensation to petitioner workman--Proposition, in circumstances, held, fair and equitable--Appellate Tribunal directing payment of Rs.10,000 as compensation out of amount of back benefits already deposited alongwith remaining amount of back benefits to workman. M.L. Shahani for Appellant. Wasiullah Qureshi for Respondent. Date of hearing: 7th August, 1985. DECISION The instant appeal arises out of the order, dated 10-11-1982 of the Sind Labour Court No. VI at Hyderabad Following is the Order:-- "As result of above discussion I accept this application and direct the respondent to take the applicant on duty immediately and to pay back benefits to him." 2. The facts of the case briefly narrated are that the respondent served with the appellants since 1978, as a Time-keeper. He was transferred to Fauji Sugar Mills on 27-6-1980. The respondent resumed on 27-6-1980. The respondent remained on leave from 7-8-1980 to 16-8-1980. Where after he was not taken up in the service and his services, without a written order were terminated. He filed grievance petition, which was allowed by the Sind Labour Court at Hyderabad. The Management came in appeal before this Tribunal and the Tribunal remanded the matter back to the Labour Court to determine whether the appellant No. 1 was the employer or the appellant No. 2 was the employer and whether the notice on the employer No 1 was necessary or the notice on appellant No. 2 was necessary. Further evidence…

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