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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition against removal from service-­Reinstatement--Back benefits, grant of--Discretionary with Labour Court-­Entitlement of back benefits--Criteria: Orders of removal should be illegal and workman should not have shown his unwillingness to render service--Bus conductor dismissed from service on charges of misappropriation of money received from passengers without issuance of tickets--Procedure adopted in enquiry found defective and on that ground Labour Court setting aside impugned dismissal order awarding reinstatement--Back benefits not allowed for reason that: petitioner conductor had succeeded on technical ground and in his petition he had not stated that he remained jobless after dismissal--Grievance notice mentioning that petitioner was penalised illegally and his unemployment still continued--Petitioner asking for back benefits in prayer clause of his petition-­Labour Appellate Tribunal, allowed back benefits to extent of 50% in circumstances. 1987 P L C 470; 1986 P L C 693; 1986 P L C 481 and 1988 P L C 722 ref. PLD1973SC589rel. Khalil-ur-Rehman for Appellant. Narain Das for Respondents. Date of hearing: 13th March, 1989. DECISION This appeal is against the order of the learned Presiding Officer, Sind Labour Court No.l, Karachi, dated 10-10-1988, whereby the learned Presiding officer partially allowed the grievance petition of the appellant and ordered his reinstatement but disallowed back benefits. The appeal filed by the respondents against the said order of reinstatement has earlier been dismissed by this Tribunal by order, dated 10-1-1989. This appeal is against the order disallowing back benefits. 2. I have heard Mr.Khalil-ur-Rehman, representative for the appellant and Mr.Narain Das, counsel for the respondents. 3. Admittedly there is no specific provision under the I.R.O. with regard to the grant of back benefits by the learned Labour Court. In practice the Courts have been allowing, disallowing or partially allowing back benefits in exercise of their discretion looking to the circumstances of each case. In the instant case the learned Labour Court while…

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