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Industrial Relations Ordinance (XCI of 2002)-------Ss. 46, 48 & 62---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Dismissal from service---Reinstatement---Back-benefits---Entitlement to---Employee serving as Junior Store-Keeper, was dismissed from service on allegation that he was found to be negligent and responsible for shortage of material---Employee though was reinstated in service, but, he was denied back-benefits---Validity---Once court of competent jurisdiction would come to the conclusion that termination of service of an employee was unlawful, such employee, as a matter of course, should be granted back-benefits, unless employer was able to establish by cogent evidence that said employee had been gainfully employed elsewhere---Initial burden to prove lay upon the employer and not upon the employee to prove that such employee was gainfully employed during the relevant period---No evidence had been brought on record by the employer to establish that employee was gainfully employed elsewhere---Employee, in circumstances, had become entitled for back-benefits for the period for which he had not been found to be gainfully employed elsewhere---Order passed by the Labour Court was modified accordingly. National Bank of Pakistan v. The Sindh Labour Appellate Tribunal, Karachi and another 1991 PLC 213 and National Bank of Pakistan, Hyderabad v. Sindh Labour Appellate Tribunal and another 1993 PLC 57 ref. Mehmood Hussain Siddiqui for Appellant. Muhammad Nawaz for Respondents Nos. 1 and 2. ORDER GHULAM DASTAGIR A. SHAHANI, J.---This petition has been filed by one Ashraf Ali Shaikh (appellant) challenging the orders passed on 7-8-2007, by the learned Presiding Officer Labour Court No.VI, Hyderabad, on Application No.175 of 2006, submitted under section 46(3) of Industrial Relations Ordinance, 2002. 2. Brief facts of the case as alleged are that, above named appellant was serving as Junior Store-Keeper with respondent No.1 and in the night of 18th and 19th August, 1993, he saw lock of main gate and barbed wire of rare side broken. Not only this, but he also found that some material was also missing. He informed the…

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