HAIDER ZAMAR Versus PAKISTAN RAILWAYS, KARACHI

DECISION

The appellant was appointed as 'Electric Coolie in the Railway Department from 8‑5‑1965 He fell ill on 19‑8‑1981 and remained under treatment at the Railway Hospital, Karachi Cantonment, but from 1‑9‑1981 to 31‑3‑1986 he went away to Lahore and he was treated by private doctor. Under the Railways Rules any person remaining absent for 5 years or more without intimation is deemed to have left service. Therefore, after usual formalities the services of the appellant were terminated on 19‑2‑1987. Termination to be effective from 19‑8‑1986. The applicant filed grievance petition before the Labour Court and he was ordered to be re‑instated in service but without back benefits as he had deserted his duties for 5 years though on account of illness. That he had not got himself treated at the Railway Hospital where the facilities are provided by the Railway. Back benefits are not to be allowed as of right and every case regarding back benefits is to be considered by the Court. The Court may award proportionate benefits or not benefits when the petitioner himself is to be blamed. In this case the petitioner had forfeited his right even regarding his appointment for having absconded himself for more than five years. He cannot, therefore, claim back benefits.

2. The order of the Labour Court is therefore maintained and the appeal is dismissed.

H.B.T./38/Lb.S Appeal dismissed