Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---National Bank of Pakistan (Staff) Service Rules, 1973--­ Employees of National Bank of. Pakistan---Competency of grievance petition before Labour Court---National Bank of Pakistan (Staff) Service Rules, 1973. having been revived by the Second Wage Commission Award announced on 24-4-1978, were statutory rules---Award of Wage Commission was covered by the term "award" used in S. 25-A(1), Industrial Relations Ordinance, thus, entitling employees of all the Banks governed by Wage Commission Award to seek redress of their grievance from- the Labour Courts under S. 25-A, Industrial Relations Ordinance, 1969. National Bank of Pakistan v. Sindh Labour Appellate Tribunal 1980 PLC 197 and National Bank of Pakistan v. Sindh Appellate Tribunal 1990 PLC 593 ref. Iftikhar Ahmed and others v. President of National Bank of Pakistan PLD 1988 SC 53; National Bank of Pakistan v. Punjab Appellate Tribunal and 2 others 1992 PLC 515 and Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769 rel. (b) Industrial dispute--- ---- Back benefits---Entitlement---Essentials---Back benefits would not automatically follow the order of reinstatement where the order of dismissal or removal had been set aside---Workman in order to claim back benefits, must have asserted in his grievance petition that he was not gainfully employed elsewhere; on his such mere assertion onus would fall on the employers to show that he was so gainfully employed during the period he was deprived of service till the date of his reinstatement---Employee having not asserted such fact either in his grievance petition or in his evidence, was not entitled to any back benefits. Partab Rai for Petitioner. Salahuddin H. Ahmed for Respondent No: 2. Dates of hearing: 18th July, 19th August and 7th September, 1992. JUDGMENT MUHAMMAD HUSSAIN ADIL KHATRI, J.---The above petitioner, National Bank of Pakistan has assailed the decision of the Sindh Labour Appellate Tribunal, whereby the order passed by Labour Court No.VI, Hyderabad dismissing the grievance petition of respondent No. 2 was set aside and reversed and the said respondent was ordered to be…

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