Law:

Section:

Industrial Relations Ordinance Mill: of 1969)-. --S.38(5)--Contempt proceedings for non-compliance with order of Labour Court--Criminal proceedings--Benefit of doubt goes to accused--Workman awarded reinstatement with back benefits by Labour Court--Back benefits not ;,,,id on plea that workman by compromise had agreed to forego same if order of t :hour Court was not challenged in appeal and he was reinstated forthwith-- Workman after reinstatement moving contempt proceedings for non-compliance k)t order with regard to back benefits and denying any compromise--Compromise document bearing signatures of petitioner but in such manner as not to exclude possibility that signatures were obtained before writing the document--Tribunal reaching conclusion that it was doubtful whether petitioner had foregone his right to receive back benefits--Accused, in circumstances, held, could not be punished in criminal proceedings merely on account of such doubt--Benefit of doubt would go in favour of accused and workman-petitioner may seek judicial remedy for recovery of back benefits. H.R. Haider for Petitioner. Ch. Mahboob Ahmad for Respondents. Date of hearing: 18th July, 1988. JUDGMENT This is a petition for contempt of Court brought under section 38(5) of the Industrial Relations Ordinance, 191,9 for taking action against the respondent for non-implementation of the order of Labour Court No. 2, Lahore dated 17-11-1987. 2. The petitioner was directed to be reinstated in service by Labour Court No.2, Lahore vide decision dated 17-11-1987 marked 'A'. The period of absence from 1-5-1982 to 13-6-1983 was directed to be treated as leave without pay on medical grounds and it was further directed that the petitioner would get service benefits for the remaining period. The petitioner was put on duty but sine; service benefits were not paid, therefore, he brought the present contempt; petition which has been opposed by the respondents on the plea that after the decision of the case by Labour Court No.2 a compromise was effected between the parties, according to which, it was agreed that the petitioner would forego hi, back benefits and in consideration of it the respondents would not…

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