Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 38(3-A)--Payment of Wages Act (IV of 1936), Ss. 15(2) & 17--Order passed by Labour Court on appeal against order of Payment of Wages Authority-­Revision against such order was competent and Labour Appellate Tribunal had jurisdiction to entertain same. Muhammad Ilyas Khan v. Divisional Superintendent, Railways Multan 1979 P L C 1 ref. (b) Pakistan Railways Establishment Code- --- R. 2044 (F.R.54)--Word "may" occurring in opening part of R. 2044 (F.R. 54) to be treated as "shall". Divisional Superintendent (Workshop), P.W.R. Lahore v. Muhammad Shafi P L D 1971 Lah. 355 ref. (c) Pakistan Railways Establishment Code--- ---Rr. 2003(27) & 2044 (F.R. 54)--Pay after re-instatement of suspended employee--Railway employee suspended on account of his involvement in criminal case but after having been honorably acquitted by criminal Court reinstated in service--Case of such employee, held, fell under cl. (a) of R. 2044 (F.R.54) and, he was entitled to full pay for the period of his suspension in spite of the fact that he had received subsistence grant during that period. JUDGMENT This is a revision petition against the order dated 1-3-1979 of the Appellate Authority under the Payment of- Wages Act/Punjab Labour Court No. 2, Lahore. 2. Ehsan-ul-Haq Khan, petitioner, was employed as an Assistant Way Inspector. On 30-1-1976 he was suspended from service on account of a criminal case under section 379/411, P.P.C. having been registered against him. He was acquitted by the criminal Court at Sialkot on 16-10-1977. The learned Magistrate had made the following observations:- "There remains no doubt that the case was registered mala fide which was without substance and poorly investigated. One fails to understand that Hasan Akhtar Baig, Permanent Way Inspector, was included amongst the accused persons as there is no allegation against him. In view of the above discussion, I am of the considered opinion that the prosecution has miserably failed to prove the case against the accused persons who are ordered to be acquitted." 3. In other words, all the accused persons, including the petitioner, were honorably…

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