Law:

Section:

Industrial dispute--- ----Back benefits ---Entitlement---Employee who was granted casual leave for 10 days was arrested in a theft case and was removed from service by employer on ground of misconduct after serving him show-cause notice and charge-­sheet---Employee pending proceedings against him was on leave, but he did not immediately apply for being taken on duty---Employee who was reinstated after his acquittal by order of High Court on technical ground would not be entitled to equitable relief of grant of all back benefits as he was not kept back from performing his duties by employer, but he himself failed to report for duty on account of criminal case against him especially when he was released on bail. Munib Ahmed Khan for Appellant. MA. Hasan Malik for Respondent. Date of hearing: 28th February, 1995. DECISION This appeal arises from the order of Labour Court No. V, Karachi in proceedings under section 25-A of the IRO whereby respondent Liaquat Ali an Electrician of appellants Pakistan Railways was ordered to be reinstated in service with all the back benefits for a period of about 10 years. 2. The facts of this case are very peculiar. The respondent was granted casual leave for. 10 days by the Railway Department from 18th June, 1981. During this period of 10 days the respondent was arrested by the Police in a case of theft of a cycle. The case proceeded before the Magistrate and he was eventually convicted and sentenced to rigorous imprisonment for three months. He preferred an appeal from this sentence to the Sessions Court. The Sessions Court maintained his conviction and dismissed the appeal. He then went in appeal to the High Court: The High Court on 10-4-1983 allowed his appeal on the technical ground that he was convicted on his plea when his examination under section 342 was defective. Pending these proceedings when he was on bail, Railways Department charge-sheeted him on 16th August, 1981 on the ground of misconduct for remaining absent from duty for more than 10 days. He was then removed form service on 13th August, 1983 after the judgment of the High Court but before his removal he was served with the second show­-cause notice.…

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