Case Details

Citation(s)
1998 SLG 1278 1998 SLD 1278 1998 PLC 232
Labour Appellate Tribunal, Punjab
Appeal No. 96 of 1993, decision dated: 10-12-1996.
MIAN GHULAM AHMAD, CHAIRMAN

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VS

MUNIR AHMAD and 2 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. Os. 12 & 15---Removal from service-- -Employees were removed from service orally without order in writing to the effect that their services were no longer required or that they were being ousted from service for any other reason or on a charge of misconduct against them---Validity---Employees were required to be served with show-cause notices and charge-sheets and were also to face regular inquiries, before their services could be dispensed with, which could also not be done without proof of any allegations against them and not just by observance of legal formalities on paper---Employees having been removed from service in violation of provisions of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, Labour Court rightly ordered their reinstatement in service. 1991 SCMR 2087; 1992 PLC 657 and 1984 PLC 631 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Back benefits---Entitlement---Back benefits would not automatically flow from the order of worker's reinstatement in service and mere oral assertion of a worker about entitlement to back benefits should not be taken as enough for awarding him the same and that too in totality---if worker's own statement was silent on the point, he could not be said to have remained jobless for the period of his removal from service and he could not he held entitled to his emoluments, following his reinstatement in service. 1991 SCMR 2087 and 1990 PLC 255 ref. M.A. Javed for Appellant. Naimatullah Khan for Respondents. Date of hearing: 21st October, 1996. JUDGMENT Pir Akhtar Hussain Bodla, learned Presiding Officer, Punjab Labour Court No. 4. Faisalabad, on 17-2-1993, ordered reinstatement of Munir Ahmad, Muhammad Rafiq and Nazir Ahmad, with full back benefits. The Managing Director of the Jubilee Textile Industries, Abdullahpur, Faisalabad has preferred the present appeal, assailing the soundness of the aforesaid decision. 2. As many as eleven employees, including the aforesaid persons, had on…
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