Case Details

Citation(s)
1986 SLG 2034 1986 SLD 2034 1986 PLC 309
Labour Appellate Tribunal, Punjab
Appeal No. SL-120 of 1985, decided on 8th July, 1985.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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JAMES MASIH

VS

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN

Law:

Section:

Industrial dispute- ---Suspension--Order set aside by Labour Court being illegal--Wages for suspension period, in circumstances, held, cannot be withheld-- Industrial Relations Ordinance (XXIII of 1969), Ss.25-A &38(3). H.R. Haider for Appellant. Iqbal Ahmad Khan for Respondent. Date of hearing: 10th June, 1985. JUDGMENT The decision dated 28-1-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.9 Multan has been challenged whereby the grievance petition of the appellant was dismissed. 2. On account of the commission of alleged misconduct the appellant was suspended. He applied for setting aside the supension order. The prayer was accepted by the learned lower Court but wages were not allowed for the reason that the allegation made against him was of serious nature. But this ground given by the learned lower Court is not sufficient. Since order has been set aside the appellant is entitled to back benefits. Since the appellant was suspended and was not removed from service, he remained in service during the period of suspension, so no question of getting employment elsewhere, during the period of suspension arises. It has been argued by the learned counsel for the respondent that the period of suspension was declared as qualifying…
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