Case Details

Citation(s)
1988 SLG 965 1988 SLD 965 1988 PLC 267
Labour Appellate Tribunal, Punjab
Appeal No. LHR-6 of 1987, decided on 9th March, 1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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ARMY WELFARE ENGINEERING INDUSTRIES

VS

LIAQAT ALI DRIVER

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance notice--Proof of service--Photocopy of postal receipt produced and original postal receipt shown to Court by worker--Photocopy, held, could not be discarded although it was better if original receipt had been produced--Service of grievance notice stood proved by production of said photocopy--Postal receipts issued in discharge of official duties by post office which was a department of Government were admissible in evidence, without calling author thereof. 1979 P L C 506; P L D 1973 S C 160 and P L D 1969 SC 477 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance notice--Proof of service--Service of grievance notice proved by production of A.D. receipt and postal receipt--Employer raising objection that officer who issued certificate of delivery of letter should have been examined--Objection not raised at time when document was tendered so as to enable worker to call said officer--Objection overruled. 1978 P L C 746 ref. (c) Evidence Act (I of 1872)-- ---Preamble--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)--Evidence Act, held, is not applicable to labour cases. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Termination of services--Re-instatement-­Objection, raised by employer with regard to acceptance of grievance petition of worker pertaining to service of grievance notice, was overruled--Order of re-instatement maintained. (e) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Back benefits--Worker not asserting that he remained jobless from date of termination of service--Worker, held, was not entitled to back benefits. Malik Bashir Ahmad for Appellant. Ch. Muhammad Sharif for Respondent. Date of hearing: 3rd March, 1987. JUDGMENT This is an appeal directed against the decision dated 20-12-1986 recorded by learned Presiding Officer, Punjab Labour Court No.2, Lahore where by the respondent' has been directed to be re-instated in service with back benefits. 2. The respondent was a driver and on 18-6-1985 his services were terminated. Copy of the order of…
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