FEDERATION OF PAKISTAN Versus GUL HABIB

This is an appeal directed against the decision dated 21‑8‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the respondent has been directed to be reinstated in service with all back benefits.

2. The allegation against the respondent was of theft of electric welding rods. He was given charge‑sheet Exh. P‑1 but without holding any inquiry he was removed from service. No order was produced whereby it may have been decide that holding of inquiry was. not necessary. According to rule 5 of the Railways Disciplinary Rules, holding of inquiry is optional but an order is to be recorded in writing giving reasons for not holding the inquiry. Since no inquiry was held, the respondent was not afforded opportunity to defend himself and to show that the charge was groundless. The order of removal from service was, therefore, rightly set aside by the learned lower Court.

3. However, back benefits have been wrongly awarded to the respondent. The respondent did not state in his statement that he remained jobless from the date of removal from service. Back benefits are awarded not be way of punishment to the employer for passing an illegal order. of removal from service but in order to compensate the worker who had remained out of job not for any fault of his. It is, therefore, necessary for such workers to at least assert that from the date of termination of their services, they remained jobless.

4. As a result, the appeal is partly accepted and modifying the impugned decision of the learned lower Court back benefits are disallowed to the respondent.

A.E./218/Lb.P

Appeal partly accepted.