Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Back benefits---Respondent workers who had been refused back benefits by Labour Court after having been reinstated in service, challenging order of Labour Court---No proof whatsoever was available to the effect that respondents were gainfully employed anywhere during period they were out of service---Burden of proof that respondents were gainfully employed not discharged by appellant---Respondent workers were entitled to full back benefits. (b) Industrial Relations Ordinance (XXIII or 1969)--- ----S. 25-A---Back benefits---Burden of proof was on employer to establish that employee was gainfully employed elsewhere. National Bank v. Sindh Labour Appellate Tribunal 1991 PLC 213 and Dilkusha Enterprises Ltd. v. Abdul Rashid and others 1985 SCMR 1882 ref. Azmatullah, Deputy Manager for Appellant. Yousuf Khan, Representative for Respondents. Date of hearing: 11th April, 1991. DECISION All these appeals were disposed of by this Tribunal vide separate orders in the months of January and February 1986. In all these appeals the orders of the learned Labour Court reinstating the respondents were maintained whereas the orders of Labour Court allowing back benefits were set aside. The respondents challenged the orders of this Tribunal disallowing them back benefits in the High Court in Constitution Petitions Nos. 419, 421, 538 and 539 of 1987. All the five petitions were disposed of by the learned Division Bench of Sindh High Court by single order dated 31-1-1991 whereby appeals were remanded back to this Tribunal for deciding the question of back benefits only after hearing the parties. 2. I have heard Mr. Azmatullah Deputy Manager of appellant and Mr. Yousuf Khan for the respondents and have gone through the record and proceedings of the case. 3. The latest law with regard to back benefits laid down by the learned Division Bench of the High Court at Karachi is in the case of National Bank v. Sindh Labour Court Appellate Tribunal 1991 PLC 213, it has been observed as under: "In our view, once the Labour Court or the Labour Appellate Tribunal comes to the conclusion and gives a finding that the termination…

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