UNION FOUNDRY and STEEL RE-ROLLING MILLS Versus MUNIR AHMAD

The appeals captioned above arise from the decisions dated 7‑5‑1985 recorded by the learned Labour Court No.2 Lahore, wherein only the point of back benefits has been raised.

2. The learned labour Court has not recorded any reason for allowing back benefits. The perusal of the statements of the respondents shows that they did not assert that after dismissal they remained jobless. Back benefits were awarded to compensate the workers for remaining out of job not for any fault of theirs. If they got some job the amount which they earned is to be deducted from the back benefits. Back benefits are not awarded as a punishment for illegal dismissal. So, since the respondents did not assert. They remained jobless, they were wrongly awarded back benefits.

3. As a result of the observations made above the appeals are accepted and modifying the impugned decisions of the learned' labour Court back benefits are disallowed to the respondents.

A. E. /84/Lb.P Appeals accented.