Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Back benefits, grant of---Essentials---Back benefits would not automatically follow order of reinstatement where order of dismissal or removal had been set aside---Onus of proof in those cases where workman was entitled to receive back benefits would lie on employer to show that workman was gainfully employed during that period when he was deprived of service till date of his re-instatement thereto, subject to proviso that workman had asserted at least orally, in first instance, that he was not gainfully employed elsewhere---Workman's mere statement to that effect could cause onus to fall on employer to show that he was so gainfully employed---Workman having not stated in his grievance petition that he was without job, such omission would not entitle him to claim back benefits. Muhammad Bashir and others v. Chairman, Punjab Labour Appellate Tribunal, Lahore 1991 SCMR 2087 rel. Muhammad Bashir and others v. Chairman, Punjab Labour Appellate Tribunal, Lahore and others 1991 SCMR 2087; Dilkusha Enterprises Ltd. v. Abdul Rashid and others 1985 SCMR 1882; Municipal Committee, Pasrur v. Compensation Commissioner and others 1992 CLC 752 and Qadeer Ahmad v. Punjab Labour Appellate Tribunal, Lahore and others PLD 1990 SC 787 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Back benefits---Entitlement---Evidence on record against workman showed that he had misappropriated public money which he (as a conductor of bus) had received from passengers---Evidence also showed that workman had permitted twenty passengers to sit on the floor roof of bus and having charged them he did not deposit said amount---Workman's conduct being not above board, same would not merit indulgence in equitable jurisdiction of High Court---Workman had been reinstated in service merely on technical ground that charge against him was time-barred---Conduct of workman was not blameless and in his grievance application he did not state that he was without job---Refusal of back benefit from Labour Appellate Tribunal being not unjustified, did…

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