MUHAMMAD ASLAM Versus PUNJAB ROAD TRANSPORT CORPORATION

The decision dated 14‑10‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.l, Lahore has been challenged td the extent it passed no order with regard to back benefits.

2. The appellant was taken in service as Badli‑conductor. Holding that the appellant was wrongly terminated from service, he has been directed to be re‑instated in service by the learned lower Court. The appellant did not assert before the learned lower Court that he had, after the termination of his services, remained jobless. An affidavit, no doubt, has been attached to the memo, of appeal to this effect but it is not sufficient to hold that in reality he remained jobless. The employers have no source of knowledge to detect if their employees removed from service got some employment elsewhere, so they normally are not in a position to lead any evidence. However, by cross‑examining such employees they can try to get divulged real facts from the employees in this respect. Since the appellant did not urge before the learned lower Court that he remained unemployed, the respondent had no opportunity to cross‑examine him on the point. No doubt, the learned lower Court has not recorded any order allowing or disallowing back benefits to the appellant, but since the latter did not make out a case of back benefits by asserting that he remained jobless after the termination of his services, he cannot be allowed the same.

3. As a result, the appeal fails and is consequently dismissed.

A. E. /82/Lb.P Appeal dismissed.