Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S .25-A--Grievance petition against termination of service--Receipt of dues in full and final satisfaction of claim--Draft of requisite amount received under protest and not enchased--Here receipt of draft, held, was not sufficient to deprive workman from challenging termination order. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Limitation Act (IX of 1908), S.14--Grievance petition- -Limitation--Condonation of delay--Discretion of Labour Court--Delay occurring due to delayed second grievance notice-­Previous grievance petition found valid according to changed view of Labour Appellate Tribunal--Petitioner in circumstances, held, should not be made to suffer for earlier view taken by Appellate Tribunal which was, subsequently changed--Held: there was no scope to interfere in appeal with discretion exercised by Labour Court in condoning delay with regard to fresh grievance notice. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A g 38(3)--Grievance petition against removal from service-­l:e-instatement--Back benefits--By re-instatement petitioner workman is to be put in same position in which he was at time of removal-­Workman after removal, if earning some income, same is to be deducted from total back benefits--Workman remaining employed elsewhere for some period during removal and re-instatement--Labour Court allowing back benefits minus period of such employment--Amount earned, held, is to be deducted and not the period of employment elsewhere--Order of Labour Court modified by Appellate Tribunal accordingly. H.R. Haider for Appellant. Respondent in person. Date of hearing: 18th February, 1987. JUDGMENT The appeal captioned above challenges the decision dated 9-10-1986 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby the grievance petition of the respondent brought against the order of his termination from service was accepted with back benefits minus the period from 14-1-1983 to 11-3-1986 during which he had remained employed somewhere else and minutes the amount which the respondent received under protest. 2. The…

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