Law:

Section:

Industrial dispute--- ----Back benefits---Entitlement---Employee who was removed from service was reinstated but without back benefits---Evidence on record having fully proved that employee remained unemployed during period of his removal from service, he was entitled to full benefits. National Bank of Pakistan, Hyderabad v. Sindh Labour Appellate Tribunal and others 1993 PLC 57 ref. Muhammad Abdul Qadir for Appellant. S.S. Jehangir for Respondent. Date of hearing: 7th December, 1994. DECISION This appeal arises from the order of the Third Sindh Labour Court, at Karachi passed under section 25-A of the I.R.O., 1969, reinstating he appellant without awarding back benefits. The only point raised in this appeal is whether withholding back benefits by the Labour Court was justified. The Labour Court found that it was not mentioned in the grievance application that the worker was unemployed after he was removed from service and as such he was not entitled to back benefits. 2. Mr. Muhammad Abdul Qadir, Advocate for the appellant ha, pointed out that the proceedings were ex parte and in the affidavit of ex parte proof the worker had mentioned clearly, in para. 8 of his affidavit, that he was still unemployed and sitting idle and he was not getting any job anywhere. No evidence was offered in rebuttal by the .other side being ex…

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