Law:

Section:

Industrial Relations Ordinance (will of 1969)----- ---S. 25-A--Grievance petition--Employee foregoing back benefits in case of his reinstatement--Such proposal accepted by employer--Effect--Employee was estopped from claiming back benefits after letting employer to believe that if he were reinstated, he would not claim back benefits. JUDGMENT The appeal captioned above challenges the decision dated 16-6-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 5, Sargodha, whereby the respondent has been directed to be reinstated in service with back benefits. 2. The respondent was retired from service and, therefore, he challenged the order in the Labour Court. Since the previous decision of the High Court was that the persons no longer in service are not workmen, the grievance petition was ordered to be returned and this Court observed that if the Supreme Court where the question was sub judice decided that such persons are covered by the definition of workman, the respondent would be entitled to get his case decided on merits. The Supreme Court, therefore, holding that not the N.I.R.C. but the Labour Courts had jurisdiction to decide the cases of the persons removed from service, had remanded the case for decision of other points. The High Court has after the remand of the cases held that the persons for whose termination from service a petition is pending are workmen, inasmuch as such petitions are to be decided as industrial disputes according to section 25-A(4) of the Industrial Relations Ordinance, 1969. The respondent, therefore, applied to the learned lower Court for the decision of his case on merits, but in the meantime the respondent made an application to the appellant accepting the proposal that he could be reinstated if he was inclined to forego back benefits. The respondent accordingly did so and thus he was reinstated in service by the appellant vide order Exh. R-11. 3. It has been argued by the learned counsel for the appellant that since the respondent had agreed to forego his right to back benefits and on this condition he was reinstated in service, he was not entitled to back benefits. The respondent admitted his signatures on…

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