Law:

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Industrial Relations Ordinance (XCI of 2002)-------Ss. 47(3) & 62---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12---Termination of service---Reinstatement---Back-benefits---Reinstatement of employee was ordered by the Labour Court on technical grounds---Judgment of the court, however, was implemented by way of reinstating the employee into service---If the reinstatement was made on technical grounds, as in the present case, then the back-benefits of the period from termination to the date of reinstatement, were to be decided by the employer and those emoluments could not be asked as a matter of right---Appeal was disposed of with a direction by the High Court to the employers to calculate the emoluments of employee; and if it was found that after the payment of employee's retirement something was outstanding, then the employee should be paid that amount within the stipulated period---Back-benefits pertaining to the period from termination to reinstatement would be decided by the employer according to the circumstances of the case. Muhammad Asadullah Siddiqui for Appellant. Zahid Hussain Khan for Respondent. ORDER HAFIZ TARIQ NASIM, J.---This labour appeal is filed by Maple, Leaf Cement Factory with a request that judgment passed by the Presiding Officer Punjab Labour Court-II, Lahore dated 25-10-1993 be set aside. 2. The instant appeal has a chequered history matter went even upto the extent of Honourable Supreme Court of Pakistan remanded by the High Court to the Labour Appellate Tribunal, with the change of Labour Appellate Tribunal to High Court the matter is placed before this Court. However, during the arguments it transpires that judgment of the Punjab Labour Court was implemented by the appellants reinstating the petitioner into service and after performing a long service he stood retired on attaining the age of superannuation. 3. The learned counsel for the appellants confirms this situation and also submits that even the management sent the respondent for performance of Haj on her own expenses meaning thereby that after putting a long unblemished…

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