Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.51--Recovery of back 'benefits--Worker claiming wages, gratuity, provident fund, right of which accrued to him as a result of back benefits granted by decision of Court and agreement, subsequent thereto, arrived by settlement between management and office-bearers of Union-­Agreement not disowned by either party whereby management was bound to make full and final settlement in respect of pay including C.L.A., as ex gratia, as compensation for period of unemployment--Worker, held, was entitled to back benefits from date of dismissal with all entitlements which a permanent workman enjoyed, alongwith gratuity if no provident fund was being deducted--Where a worker or an employee had earned his legitimate living by sweat of his brow in remuneration of his services for earned labour, he would be entitled to that--Likewise if employee had made no legitimate earnings of which he was entitled according to law there was equal obligation on him to demand what was just--If an employee imposed false claim and concealed facts from Court that no dues were paid, which he had otherwise received partly, it was also mental dishonesty--No doubt human dignity was a universal truth yet there was equally obligation on him to demand what was just. Buxly Paints v. Izharullah 1984 P L C 33 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.51(1) & (2)--Recovery of dues--Provident Fund--Jurisdiction under S.51 of Ordinance, held, could be invoked when no limitation or notice of grievance was mandatory requirement--Object for this was to ensure speedy recovery and obviate hardship. (c) Industrial Relations Ordinance (XXIII of 1969)-­-- ---S.51--Recovery of back benefits--Legal dues--If Court of law directed that back benefits be awarded to worker as a consequence of wrongful dismissal, no agreement subsequent to Court's decision, held, could bind employee, contrary to spirit of decision. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S.12 (6)--Industrial Relations Ordinance (XXIII of 1969), S.51-­Gratuity--Means basic pay plus C . L. A . and not allowances. (e)…

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