Case Details

Citation(s)
1990 SLG 1326 1990 SLD 1326 1990 PLC 255
Lahore High Court
Writ Petition No. 4999 of 1985, decided on 11th October, 1989.
IHSANUL HAQ CHAUDHARY, J
K.M. Virk for Petitioner. Saleem Baig for
Respondents.

FAQIR MUHAMMAD

VS

FAQIR MUHAMMAD vs PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Back benefits, claim for---Dismissal---Workman in his grievance petition while claiming re-instatement with back benefits, had not at all asserted that he was not gainfully employed elsewhere during his dismissal period---Mere mention of claim in grievance petition, held, would not amount to proof of his claim towards back benefits, as pleading of a fact was one thing while proving same was a distinct and independent matter. National Bank of Pakistan and another v. Muhammad Asif and 2 others P L D 1985 Quetta 100 and Dilkusha Enterprises Ltd. v. Abdul Rashid and others 1985 S C M R 1882 ref. (b) Constitution of Pakistan (1973)-- ---Art. 199---Constitutional jurisdiction---Exercise of---Judgment of Appellate Authority was based on evidence on record---Such could not be interfered with in Constitutional jurisdiction of High Court when petitioner had failed to make out case for interference. JUDGMENT The petitioner through this Constitutional petition has impugned the order dated 23-9-1985 passed by respondent No. 1. 2. The relevant facts are that the petitioner was an employee of respondent No. 2. He was charge-sheeted and suspended on 10-2-1983. The proceedings ultimately ended in order of dismissal from service. The same is dated 10-3-1983. The petitioner assailed this order through an application under section 25-A of the Industrial Relations Ordinance. Respondent No. 2 contested this petition. The same was, however, ultimately accepted by Punjab Labour Court No. 1, Faisalabad vide order dated 26-3-1985. The petitioner was ordered to be reinstated with full benefits. The respondent No. 2 assailed this order through an appeal before respondent No. 1, who partially accepted the same vide judgment dated 23-9-1985. The result was that the order of reinstatement remained intact but the order as to the back benefits was set aside. It is this part of the order which has been impugned through this petition. 3. I have heard the learned counsel for the parties. The learned counsel for the petitioner has argued that respondent No. 1 illegally and without any basis set aside the order of Labour Court as to…
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