Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A--Re-instatement--Back benefits--Petitioner workman must at least verbally assert that he remained jobless during intervening period--Onus shifts to employer to prove otherwise if such assertion made by petitioner--Petitioner not making such assertion--Not entitled to back benefits--Plea that where findings are that worker was wrongfully and illegally terminated or dismissed worker would be entitled to back benefits irrespective of fact whether or not he has been earning something--Repelled. 1985 P L C 750 and N L R 1985 Labour 51 ref. Ch. Sadiq Muhammad Warraich for Appellant. Imtiaz Muhammad Khan for Respondent. Date of hearing: 22nd September, 1985. JUDGMENT The decision, dated 18-12-1984 recorded by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi has been challenged to the extent it disallows back benefits to the appellant. 2. It has been argued by the learned counsel for the appellant that where the finding is 'hat the worker has been wrongly and illegally terminated or dismissed from service, he is entitled to back benefits in order to check the employer to do away with the service without any reason. According to the learned counsel, it is immaterial if the worker has been earning something or not after being dismissed. I cannot agree. Back benefits are allowed not as a punishment to the employer for wrongfully doing away with the services of his employees. The true position is that in order to compensate the worker who is willing and ready to serve but was prevented by the illegal order of dismissal, back benefits are allowed. If the worker gets some employment or work and did not suffer from any monetary loss due to the wrongful order, no question of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492