Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 51---Constitution of Pakistan (1973), Art. 199---Re­instatement of employee removed from service ---Claim to full back benefits- --Entitlement--- Constitutional petition--- Maintainability---Employee was charge- sheeted and was removed from service after departmental proceedings---Labour Court accepting grievance petition of employee re­instated him in service without granting him back benefits---Employee filed appeal before Labour Appellate Tribunal wherein he prayed for grant of full back benefits, but his appeal was dismissed and employee had challenged dismissal order in Constitutional petition---Validity---Re-instatement of employee was merely ordered by Labour Court as was done in case of other employees who were also removed from service---Employee was disallowed back benefits both by Labour Court as well as by Labour Appellate Tribunal after elaborate discussion keeping in view circumstances of the case--­Constitutional petition against order disallowing back benefits passed by Labour Court and Labour Appellate Tribunal was not maintainable--­Entitlement of re-instated employee to full back benefit---Condition---Back benefit would not automatically follow order of reinstatement but employee would be entitled to receive back benefits if he could show that he was not gainfully employed during period he was deprived of service till date of his re-instatement---Back benefits were not to be allowed to employee as a punishment to employer for illegally removing employee from service, but only to compensate him for remaining jobless on account of illegal removal from service by employer---Employee who failed to prove that he remained jobless during period of his removal was rightly disallowed back benefits. Gul Hassan v. D.S., Pakistan Railways and others 1990 PLC 757; Gul Habib v. Federation of Pakistan through Chairman, Pakistan Railways, Railway Ministry, Islamabad 1988 -PLC 645; Pakistan through General Manager, P.W.R., Lahore v. Mrs. A.V. Issacs PLD 1970 SC 415; Muhammad Bashir and others v. Chairman, Punjab Labour Appellate Tribunal,. Lahore and others 1991 SCMR 2087 and National Bank of…

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