Law:

Section:

Industrial dispute--- ----Back benefits---Entitlement to----Employee who was dismissed from service, was reinstated by Court,-but his prayer for back benefits was rejected---Employee had nowhere stated that he remained unemployed during period of his dismissal---In his cross-examination employee had himself stated that he had been plying Rickshaw---Back benefits, were rightly refused by Court to employee. Khurshid Ahmed Siddiqui for Appellant (in Appeal No. KAR-636 of 1992) and for Respondent (in Appeal No. KAR-617 of 1992). Imran Bukhari for Appellant (in Appeal No. KAR 617 of 1993) and for Respondent (in Appeal No. KAR 636 of 1922). Date of hearing: 25th January, 1993. DECISION Muhammad Ashfaquddin Siddiqui had filed a petition under section 25-A, I.R.O., 1969 against M/s. Siemens Pakistan Engineering Company Limited for his reinstatement in service which was allowed, but the back benefits were refused. Both the parties have come in appeal and I propose to dispose of them together by a common decision. 2. The petitioner had alleged that he was working with the respondent -as a helper from 1978 and came to be promoted as a fitter in 1980. However, he was not getting the dues he was entitled to as a permanent workman, and had been clamouring for the same. This was not to the liking of the respondents and on 10-10-1985 he was called by the Labour Officer in his office and told verbally that he was no more in their employment. He had therefore sent a grievance notice on 1-12-1985 which was replied to but offered no redress. Later he had filed the petition before the Labour Court. 3. The respondent in the Written Reply maintained that the petitioner was in the employ of one of their contractors by the name of M/s. Stefcon, and having voluntarily resigned from their employment and collected all the outstanding dues, had left them. There had never been any ties between them and the petitioner. The proceedings being malicious, were liable to be dismissed. 4. The petitioner apart from himself examined two ex-employees of the respondent. The respondent apart from their Labour Officer Naeemul Haque examined an ex-Labour Officer by the name of SK Hadi. Certain documents…

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