Law:

Section:

. Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Re-instatement--Back benefits qua bonus---Back benefits being a judicial order, could not go against award of bonus-­Workman awarded re-instatement without back benefits by Appellate Tribunal--Management allowing bonus to workers who had completed specified length of service on particular date on which workman stood re-instated--Workman refused bonus on grounds that having not been granted back benefits he had not completed specified length of service-­Management, held, had a discretion to award bonus and since workman was on pay roll on specified date actual earning of wages was not necessary. Mahmood A. Ghani for Appellant. Mirza M. Kazim for Respondent. Date of hearing: 30th April, 1986. DECISION The instant appeal to the reference made before the Labour Court No. IV at Karachi was argued by both the parties. The reference opined that though Ahmad Ali was re-instated but was not given back benefits, hence he is still entitled to the bonus. 2. Ahmad Ali was dismissed in a domestic enquiry for remaining absent for more than 10 days. He was re-instated by the Tribunal. He was to be re-instated without back benefits on 8-12-1982 on 30-5-1983, the management issued a notice Annexure 'A-1' to the petition under section 25-A, I.R.O. 1969 in which they announced bonus equal to 5 months basic salary and other dues as bonus for the financial year ending 31-12-1982 to be given to those workers/ employees who had completed at least 90 days continuous service with the establishment during the financial year ending 31-12-1982 and were at the pay roll of the company on 31-12-1982. 3. The matter was argued at length. The words were on the pay roll of the company as on 31-12-1982 were announced by notice Annexure 'A-1' to be entitled for bonus. Ahmad Ali, therefore, on 8-8-1983 made an application for bonus. The company, however, refused him bonus because according to the wording of bonus, he should have worked for 90 days, but Ahmad Ali has worked for 22 days only before 31-12-1982. The management did not favour…

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