Law:

Section:

(a) Pakistan Railways Personnel Manual, Vol. I-- ---R. 703--Absence for 5 years--Service of permanent employee does not come to an end automatically--Show-cause notice is necessary--Period of alleged absence less than 5 years--Services terminated without enquiry and opportunity to give grounds for remaining absent, held, amounted to condemnation unheard and thus not sustainable. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance notice and petition--Limitation--Railway employee remaining absent and services terminated--Termination order un­dated--Case for relaxation of Rule admittedly remaining under consideration at different 1cvels--Petitioner was never informed about final decision--Petitioner, in circumstances, held, justified in not serving grievance notice soon after termination of service--Petitioner receiving no reply serving grievance notice-­Plea of limitation, in circumstances, repelled. (c) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 38(3)--Grievance petition against termination of service--Railway employee remaining absent for about 5 years without leave--Services terminated without enquiry--Termination order was wrongful--Reinstatement awarded only on technical grounds--Back benefits, held, were rightly disallowed. (d) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 38(3)--Grievance petition against termination of service-­Termination found wrongful on technical grounds due to non-holding of enquiry-­Reinstatement awarded without back benefits--Increments of out of service period admissible--When a person is reinstated in service, his service becomes continuous and it is deemed that he was never removed from service--Where pack benefits are not allowed employee will be entitled to increments for future without arrears. JUDGMENT The appeals captioned above emerge from the decision dated 30-3-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi whereby Syed Liaquat Hussain Shah (hereinafter called as the respondent) has been directed to be reinstated to service without back benefits. The respondent prayed before the learned lower Court that he…

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