Law:

Section:

(a) Industrial dispute--- ----Inquiry---Opportunity of hearing was afforded to workman but he did not turn up on the date fixed for the purpose---Workman being admittedly in the knowledge of enquiry being conducted against him it was his bounden duty to find out as to what was happening in his affair ---No element of prejudice was, thus, involved against petitioner in circumstances. (b) Industrial dispute--- ----Misconduct---Inquiry against workman---Nothing was said against involvement of workman as to the charge of misconduct by any of witnesses--­Workman, as per evidence on record, was nowhere at the site or seen by other persons except the alleged statement of Security Officer---Solitary statement of such person whose conduct in the act of alleged misconduct was not above board could not be believed with certitude, moral or judicial that workman had played any role in the sordid misadventure culminating into alleged misconduct---Even if some suspicion could be raised against the workman, same could not be a substitute for proof---Charge of misconduct having not been established against workman he was entitled to be reinstated in service. (c) Industrial dispute--- ---- Back benefits---Entitlement---Workman had nowhere stated during proceedings before Labour Court, verbally or in writing that he was jobless after he had been dismissed from service---Back benefits could not be claimed by workman in circumstances. Muhammad Bashir and others v. Chairman, Punjab Labour Appellate Tribunal and others 1991 SCMR 2087 rel. Riaz Hussain Baloch for the Worker. Ch. Muhammad Ashraf for the Management. Date of hearing: 8th August, 1994. DECISION These two appeals call in question the order of the Labour Court No.III, Karachi, whereby the petition filed under section 25-A, I.R.O., 1969, was allowed and the petitioner was ordered to be reinstated but without back benefits. Appeal No, KAR-506 of 1993 has been filed by the petitioner for the refusal of back benefits and Appeal No. KAR-511 of 1993 is on behalf of the respondent namely Mss. Berger Paints (Pakistan) Limited (hereinafter called the respondents') against the order of reinstatement. These arose in the following…

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