Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­ ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15(3)(x)---Reinstatement without back benefits---Worker remained absent from duty due to his detention in prison in connection with a theft case and had not acted negligently in not sending an intimation from prison about his detention---Services of worker terminated by management, though on a different ground---Labour Court coming to conclusion that removal of worker was not in accordance with circumstances and facts of case, ordered reinstatement of worker but without back benefits--­Order of Labour Court upheld with modification that fifty per cent back benefits would be allowed to worker in view of facts and circumstances of case. Ali Amjad for Appellant. Masood Ahmad Khan for Respondent. Date of hearing: 14th December, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 9-12-1985, passed by the Sindh Labour Court No. V at Karachi, who had allowed the grievance petition of the appellant by reinstating him in service of the respondent establishment but, without back benefits, under section 25-A, I.R.O., 1969. 2. Brief facts of the case are that the appellant claimed to be a permanent workman in the respondent establishment working as a fitter. He claimed that while he was on sanctioned leave with effect from 12-3-1983 to 27-3-1983, he on 25-3-1983 was arrested by the police on a false charge of theft and was detained in Jail wherefrom on 13-4-1983 he was released on bail and thereafter on- 15-4-1983 he reported for duty to the respondent establishment. Further it was claimed by the appellant that after two days i.e. on 17-4-1983 he was served with a charge-sheet calling his explanation as to why disciplinary action should not be taken against him for remaining absent without permission for more than 10 days. The appellant claimed that though he had, submitted a satisfactory reply, but, a domestic enquiry was held against him resulting in his termination of services on being found guilty of the misconduct under Standing Order 15(3)(e). Thereafter, the appellant after…

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