Case Details

Citation(s)
1989 SLG 2170 1989 SLD 2170 1989 PLC 384
Labour Appellate Tribunal, Punjab
Appeal No. FD-256 of 1988/Pb., decided on 25th May, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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DIRECTOR (O & M) WASA, FAISALABAD DEVELOPMENT AUTHORITY and another

VS

GHULAM BILAL

Law:

Section:

Industrial Relations Ordinance (XX111 of 1969;-- --S. 25-A &, 38(3)--Appeal--Back benefits--Respondent worker challenging his removal from, service made no prayer for reinstatement as he had got a better job and did not want to serve appellant employer any more --Order of removal of worker from service declared by Labour Court as not sustainable in law-­ statement of worker that he remained jobless from date of removal from service up to a certain date going unrebutted--Order of Labour Court that worker was untitled to hack benefits for that period maintained--Appeal against order of Labour Court also filed after period of limitation--Appeal dismissed as time barred and on merits. Ali Akbar Oureshi for Appellants. Date, of hearing: 221h May, 1988. JUDGMENT The appeal captioned above is directed against the decision dated 1-3-1988 recorded 17y the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad where the appellants have been directed to pay back benefits to the respondent. 2. It has been argued by the learned counsel for the appellants that back benefits are allowed where the worker has been directed to be reinstated in service and since the learned lower Court has not issued any such direction, no question of awarding back benefits to the respondent could arise. The question in such cases is not whether the reinstatement has been sought or not and real question is whether the removal from service has been challenged. The respondent did challenge…
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