Law:

Section:

Industrial dispute...Back benefitsEntitlementEmployee (Cashier in the Bank) who was dismissed from service for nondeposit of amount found in excess with him was reinstated by Court with full back benefitsEmployers had challenged order of Court to the extent of grant of full back benefits to employeeOn showing of employee himself in his crossexamination, it could not be said that proceedings taken against him were unwarranted or uncalled forInstead it had been actuated partly or wholly on account of conduct attributed to employeeEmployee in circumstances, was not entitled to any back benefits at all. Muhammad Bashir v. Punjab Labour Appellate Tribunal and others 1991 SCMR 2087 ref. DECISION The circumstances in which these appeals have been placed before me are as follows: 2. Khadirn Hussain was employed with the National Bank of Pakistan as, a Cashier. On 1911981 while posted at Sinjhoro Branch, he was charge ­sheeted for nondeposit of Rs.300 found in excess on 851980. After some sort of a domestic enquiry Khadim Hussain came to be dismissed frog service on 23111983. 3. Suffice it to say that Khadim Hussain had filed a petition before the Labour Court, which was allowed and he was reinstated in service with full back benefits. The National Bank of Pakistan had preferred an appeal and the impugned order was modified to the extent that the back benefits were reduced by fifty per cent. 4. Khadim Hussain had preferred a Constitution Petition No. D58 of 1988. So, had the Bank, being Constitution Petition No. D194 of 1987. Both the Constitution Petitions were heard on 23111991. In the latter petition the matter was remanded to the Labour Court for the determination of the back benefits only, "after affording opportunity to the parties to lead evidence in respect of the point at issue only and after hearing the parties". The decision in Constitution Petition at the instance of National Bank of Pakistan came to be announced on 1511992 and the matter was remanded to the Tribunal with the following observation: "that if it (Tribunal) still comes to the conclusion that only fifty per cent of the back benefits should be given it should give reasons for such conclusion." 5.…

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