Law:

Section:

(a) Industrial dispute-- ---Wages--Railway employee removed from service for misconduct-Penalty converted to that of W.I.P. for 3 years in departmental appeal--Employee, held was entitled to wages for period he could not render service due to original penalty order. (b) Industrial dispute-- Suspension--Wages for suspension period-Employee not acquitted of charge and was awarded punishment--Employer bound to decide whether wages for suspension period to be allowed. JUDGEMENT The two, appeals captioned above emerge from the decision dated 27-8-1988 recorded by the learned Presiding Officer, Punjab Labour Curt No.7, Gujranwala whereby Muhammad Haroon (hereinafter called as the appellant) was allowed wages for the period from 25-9-1982 to 16-5-1983 for which he had remained without work and disallowed remaining wages for the months of July and August, 1982 during which he remained suspended. The appellant in his appeal has claimed remaining wages for the period of suspension, whereas the Divisional Superintendent, Pakistan Railways, Lahore (hereinafter described as the respondent has challenged the decision to the extent it allowed wages for the period from 25-9-1982 to 16-5-1983 to the appellant. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The facts are that the allegation made against the appellant was that RS-74 were charged from a person as fare for monthly season ticket from Gujranwala Cant to Lahore but in the record Rs.11 only were entered showing that the ticket was issued for travelling between Gujranwala Cant and Gujranwala Town. The appellant was charge-sheeted and he submitted reply to the same. The appellant was brought under suspension also. He was terminated from service but on appeal the punishment was converted into W.I.P. for three years. The appellant challenged the said order in his grievance petition but the same was dismissed by the learned lower Court as time-barred. In appeal it was held that the grievance notice so far as it related to the punishment of W.I.P was time-barred but the grievance notice with regard to the wages for the period the appellant had…

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