Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 36 (3)--Compulsory retirement--Re-instatement--Wages for intervening period--Workman retired compulsorily on charge of absence--Departmental appeal accepted and workman re-instated treating intervening period as leave without pay--Grievance petition claiming pay for such period--Labour Court dismissing petition on sole ground that workman did not assert having remained jobless--Case, held, was different from ordinary cases of re-instatement under orders Labour Court--Order of Labour Court set aside by Appellate Tribunal remanding case to Labour Court for re-decision after opportunity to parties on question whether or not worker remained jobless during intervening period. H.R. Haider for Appellant. Muhammad Idrees for Respondent. Date of hearing: 8th December, 1985. JUDGMENT The decision, dated 5-1-1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore has been challenged, whereby accepting the grievance petition of the appellate for recovery of wages for the period he remained illegally retired from service was dismissed on the sole ground that he did not assert that he remained jobless during the period he remained out of job with the respondent. 2. The appellant went on leave from 19-4-1976 to 24-4-1976. He did not resume duty on 25-4-1976 but had been sending leave applications supported by medical certificates. The applications are Exhs. R-1 to R-6. By means of a notice published in the newspaper he was asked to resume duty by 10-7-1976. He did not do so, therefore, was compulsorily retired from service by way of punishment. On preferring departmental appeal he was allowed leave with full pay upto 31-8-1976. He further appealed against the order of compulsory retirement which too was accepted but the period from 1-9-1976 to 22-1-1978 was treated as leave without pay. This order was challenged in the grievance…

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