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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Re-instatement--Back benefits--Dismissal from service wrongful and set aside by Labour Court--Workman employed elsewhere during intervening period--Labour Court refusing back benefits--Plea that workman received higher emoluments elsewhere hence should refund difference--Plea, in circumstances, held, involved impossible proposition--Order of Labour Court upheld by Appellate Tribunal. Abdul Ghani for Appellant. Bashir Awan for Respondent. Date of hearing: 15th October, 1985. DECISION This is an appeal from the order of Sind Labour Court No. VI at Hyderabad, dated 23-9-1984, whereby he re-instated the appellant but refused to give him the back benefits. 2. The facts are that the appellant worked as an Accounts Assistant with the respondents. On 5-4-1983, he received a letter that he had released the payment of one Gohram on taking illegal gratification of Rs.500. 'He was called upon to explain why the disciplinary action may not be taken against him for misconduct. However an enquiry was ordered and two Enquiry Officers of the mills, namely Muhammad Akhtar and Muhammad Saleh Memon were appointed to look into the matter. The appellant was dismissed on 31-5-1983. 3. On the first part of the appeal, it is not resisted to the appellant as regards his re-instatement with the respondents. The only point is to be considered is whether the back benefits cold be given to the appellant or not. 4. The impugned order contains paragraphs 9 Which is reproduced as under:-- "After setting aside the dismissal order the next point which possess for consideration is whether the…

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