Law:

Section:

(a) Industrial dispute- ---- Back benefits---Entitlement----Employee who was terminated by employer illegally on ground of retrenchment, was ordered to be re-instated in service by Court, but without allowing him back benefits---Employee who remained out of job for entire period of his termination, was entitled to back benefits for such period. 1991 PLC 213 ref. (b) Industrial dispute- ----Back benefits---Unlawful termination of employee---Entitlement to back benefits----When the termination of service of an employee is unlawful, he, as a matter of course, should be granted back benefits unless employer is able to establish by cogent evidence that employee was gainfully employed at any time after the termination. 1991 PLC 213 fol. DECISION The appellant was a permanent worker having been engaged as a waiter at the respondent's Hotel Midway House since the year 1990. After about three years his services were terminated on the ground of retrenchment. He filed his grievance petition before the Fourth Sindh Labour Court Karachi. The Labour Court after trial came to the decision that the appellant was illegally deprived of his job and he was entitled for being reinstated in service. The learned Labour Court passed the orders accordingly but the appellant was not awarded the back benefits for the period he remained out of job. 2. The only point urged for keeping back the back benefits is that the appellant after termination had once been offered reinstatement in temporary capacity for a period of six months which he refused. On the other hand it has been…

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