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Industrial Relations Ordinance, 2002 (XCI of 2002)-- ----Ss. 46(5), 43(3) & 48--Question of--Back benefits do not automatically follow the order of reinstatement--Only restriction place on labour Court is that it cannot award compensation in addition to the reinstatement of a workman--Appeal disposed of. [Pp. 146 & 147] A & B 1991 SCMR 2087 and 2006 SCMR 1751 followed. Judgment Respondent was an employee of the appellant and was carrying on weaving work on the looms at the piece rate wages for different type/quality fortnightly at the rate of Rs. 3,000/- Appellant had admitted that respondent had worked as weaver commencing from the year 2002 on different periods. The respondent has urged that the appellant had terminated his services w.e.f. 11.7.2004, whereas this fact was denied by the appellant on the premises that the services of the respondent were not terminated, he was not interested in employment but wanted to extract the money from the establishment as spelled out from the proceeding before the Labour Department upon the termination of services, respondent has resorted to file Grievance Petition before the Labour Court, which was allowed with the direction for reinstate in terms of Section 46(5) Industrial Relations Ordinance, 2002. The appellant was directed to pay compensation equivalent to 12 months pay last drawn as well as back benefit from the date of the termination viz. 11.7.2004 till 25.3.2006. Mr. S.M. Yaqoob, has contended that the trial Court has erred in law by granting two relief to the appellant simultaneously as under Section 46(5) Industrial Relations Ordinance, 2002, a work man is entitled to compensation in lieu of reinstatement, adverting to the word "Reinstatement", the reliance has been laid on the definition laid down as follows: (1) Chamber's Twentieth Century Dictionary--Revised Edition with Supplement Reinstate: To restore to or re-establish in a former station or condition. (2) Black's Law Dictionary--4th Edition Reinstate: To reinstall to re-establish; to place again in a former state, condition, or office; to restore to a state or position from which the object or person had been removed. Collins v. U.S., 15 Ct.…

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