Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 51---Grievance petition---Back benefits---Entitlement--­Grievance petition by employee was allowed by Labour Court and employee was given not only seniority, and promotion, but was granted back benefits---Employer filed appeal against of Labour Court---During pendency of appeal, employee gave statement to the effect that if he Was given promotion he would forego his back benefits and in view of said statement employee was promoted as desired by him and employer withdrew its appeal pending before Labour Appellate Tribunal---After withdrawal of appeal by employer, employee once again approached Labour Court for determination of back benefits contending that waiver under compulsion of back benefits was made by him which could, not stand in his way for claiming back benefits---Employee had failed to prove that he had waived his right to get back benefits under compulsion whereas it had fully been proved that he voluntarily waived his right to get back benefits to get promotion as early as -possible---Once employee had foregone back benefits, he could not at his own free-will again turn round and reclaim the same---Labour Court, in circumstances, had rightly dismissed application by employee for determination of his dues, arrears of back benefits under S. 51 of Industrial Relations Ordinance, 1969. 1994 PLC 1158 ref. M.A. Hassan Malik for Applicant. Latif Saghar for Respondent. Date of hearing: 17th April, 2000. DECISION This revision application has arisen from the facts which may briefly be stated as follows. To start with, the applicant filed grievance petition under section 25-A I.R.O., 1969 which was allowed and he was given not only seniority and promotion but also granted back-benefits. The respondent went in appeal against the decision of the lower Court. During the pendency of the appeal the applicant gave a statement before the respondent's foregoing the back-benefits provided he was given promotion. In view of the statement he was promoted as desired by him and the respondents withdrew their appeal pending before this Tribunal. After withdrawal of the appeal by the respondents the…

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