Case Details

Citation(s)
1996 SLG 560 1996 SLD 560 1996 PLC 534
Labour Appellate Tribunal, Sindh
Appeal No. KAR-57 of 1995, decision dated: 29-01-1996
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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HAIDER ZAMAN

VS

PAKISTAN RAILWAYS, KARACHI through Divisional Superintendent HAIDER ZAMAN Vs PAKISTAN RAILWAYS, KARACHI through Divisional Superintendent

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Back benefits---Award of---Back benefits were not to be allowed as of right---Every case regarding back benefits was to be considered by the Labour Court which could award proportionate benefit and not when employee himself was to be blamed---Employee in case having himself forfeited his right even regarding his appointment for having absconded, himself for more than five "­years, he could not claim back benefits. DECISION The appellant was appointed as 'Electric Coolie in the Railway Department from 8-5-1965 He fell ill on 19-8-1981 and remained under treatment at the Railway Hospital, Karachi Cantonment, but from 1-9-1981 to 31-3-1986 he went away to Lahore and he was treated by private doctor. Under the Railways Rules any person remaining absent for 5 years or more without intimation is deemed to have left service. Therefore, after usual formalities the services of the appellant were terminated on 19-2-1987. Termination to be…
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