Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-­ ----S. 2(i)---"Workman"---Analyst, carrying on analysis of articles handling articles and microscope and other implements, held, is a workman. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Reinstatement---Back benefits---Labour Court disallowing back benefits on grounds that petitioner workman was proceeded against departmentally on reasonable apprehension of commission of misconduct and that he did not perform any duty during period involved--- View of Labour Court not approved by Appellate Tribunal---Mere fact of departmental proceedings and non-performance of duty during intervening period, hold, was not sufficient to disallow back benefits while awarding re-instatement. Rana Abdul Hamid Talib for Appellant. Javed Altaf for Respondent. Date of hearing: 1st December, 1986. JUDGMENT This Is an appeal challenging the decision dated 6-8-1986 passed by the learned Presiding Officer, Punjab Labour Court No.2, Lahore to the extent it did not allow back benefits to the appellant. Cross-objections have also been filed on behalf of the respondent, wherein the contention worth consideration is that the learned lower Court has wrongly found that the appellant is' covered by the definition of workman. 2 The appellant is an analyst and he deposed in his statement that for carrying-on analysis he had to work with his own hands.…

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