MUHAMMAD BASHIR vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others
This petition for leave to appeal arises out of a writ petition dismissed by the Lahore High Court regarding the entitlement of a reinstated workman to back benefits. The petitioner, a Boiler Engineer, was dismissed from service and subsequently reinstated by the Punjab Labour Court with full back benefits under Section 25-A of the Industrial Relations Ordinance, 1969. On appeal by the management, the Punjab Labour Appellate Tribunal upheld the reinstatement but modified the order to exclude back benefits. The Lahore High Court dismissed the petitioner's writ petition against this exclusion. The core legal question raised before the Supreme Court is whether back benefits can be withheld from a workman whose termination is found to be illegal, in the absence of proof that he was gainfully employed during the period he remained out of service. Holding that the plea raises a question of general public importance, the Supreme Court granted leave to appeal.
- Can back benefits be withheld from an illegally terminated workman without proof that he was engaged in gainful employment during the period he was out of service?
- Section 25-A, Industrial Relations Ordinance 1969
ORDER
1. ' NASIM HASAN SHAH, J.--The petitioner, who was a Boiler Engineer in the respondent-mills, was dismissed from service on 3-10-1977. He applied to the Labour Court by a petition under section 25- A of the Industrial Relations Ordinance, 1969. The Punjab Labour Court No,3 accepted his grievance petition and reinstated him in service with back benefits vide order dated 30-1-1983. Subsequently, the management of the respondent-mills preferred an appeal before the Punjab Labour Appellate Tribunal which partially accepted the same and while upholding the order of reinstatement passed by the Labour Court modified it to the extent of excluding the back benefits. The petitioner approached the Lahore High Court by a writ petition which was dismissed. Hence this petition for leave to appeal.
2. The learned counsel for the petitioner has submitted that once it is found that the services of a workman were terminated illegally the back benefits could not be withheld unless it was proved that he was engaged in some gainful employment during the period that he was out of service.
3. Reliance is placed on National Bank of Pakistan and another v. Muhammad Asif Ahmad and others PLD 1985 Quetta 100.
4. ' The plea urged raises a question of general public importance. Leave is, accordingly, granted.
5. ' The appeal shall be made ready on the present record, with liberty to the parties to file further documents, if any and put up for hearing at an early date.