LAHORE MUNICIPAL CORPORATION Versus TAHIR AHMAD

This is an appeal challenging the decision dated 9‑5‑1987 recorded by learned Presiding Officer, Punjab Labour Court No.l, Lahore whereby the respondent has been directed to be re‑instated in service with back benefits.

2. The respondent was employed as Mali on 24‑7‑1985 on the leave vacancy of Muhammad Siddique and his services were terminated on 1‑10‑1986. The learned lower Court has accepted the grievance petition on the ground that since the leave vacancy was continuing the services of the respondent could not be terminated. R.W.1 examined by the appellant stated that Muhammad Siddique had gone to 10 months leave and in cross‑examination said that he did not know if he had returned from leave or not. The evidence of the respondent to the effect that Muhammad Siddique has not returned from leave, therefore, stands unrebutted. In these circumstances the learned lower Court has rightly directed the re‑instatement of the respondent.

3. So far as back benefits are concerned the respondent deposed that eversince the date of his dismissal from service he was jobless. This evidence was not rebutted as R.W.1 did not say that the respondent got some job elsewhere.

4. As a result the appeal fails and is dismissed in limine.

A. E. /373/Lb.P Appeal dismissed.