Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.25-A & 51---Back benefits---Entitlement---Plea that employee was not gainfully employed elsewhere during period of his suspension, was neither raised by employee in his grievance application under S.25-A of Ordinance nor in his statement before Labour Court---Employee merely deposed in his examination-in-chief that "I may be reinstated in service with back benefits as I am jobless"---Tribunal after appreciating evidence, rightly observed that employee did not say that he remained jobless throughout period he remained out of service and on basis of such assertion, back benefits were rightly disallowed by Tribunal to employee. Muhammad Zaheer Butt for Ch. Ghulam Qadir for Petitioner. Nemo for Respondents Nos. 1 and 2. Ch. Fazal Hussain for Respondent No. 3 Date of hearing: 7th July, 1991. ORDER This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order, dated 31st August, 1988, passed by the Punjab Labour Appellate Tribunal, Lahore, whereby decision dated 12-6-19fi of the Punjab Labour Court No. 2, Lahore for reinstatement of the petitioner was upheld but in so far as it related to back benefits, was disallowed. 2. Learned counsel for the petitioner relying on Dilkusha Enterprises Ltd. v. Abdul Rashid and others (1985 S C M R 1882), Muhammad Bashir v. Chairman, Punjab Labour Appellate Tribunal and others (1989 S C M R 1095), Gul Habib v. Federation of Pakistan (1988 P L C 645), Allied Bank of Pakistan Ltd. v. Punjab Labour Appellate Tribunal etc. (1980 P L C 42) and Sohrab v. Divisional Superintendent, Pakistan Railways (1981 P L C 862)…

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