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Petitioner: KAUSAR PERVAIZ BHATTI VS Respondent: THE DIRECTOR' REGAL CERAMICS LTD.. LAHORE
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: KAUSAR PERVAIZ BHATTI vs THE DIRECTOR' REGAL CERAMICS LTD.. LAHORE Case No.: Appeal No, LHR-34 of 1983 Date of Judgment:1983-10-03 Reported As: 1984 PLC 1079 Result: Appeal accepted
JUDGMENT
JUDGMENT ' The appeal captioned above emanates from the decision, dated 18th December, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore, whereby the appellant was directed to be re-instated in service but permission to hold enquiry was granted. The question of back benefits was left to depend upon the result of the enquiry. 2. The appellant was appointed as accounts clerk, on 27th September, 1980 and was refused duty verbally on 25th February, 1982. As no written order of termination was recorded giving explicit reasons, the action was in violation of Standing Order 12 (3) and the direction of re-instatement is justified. But no question of making enquiry arises, because there are no allegations of misconduct, nor any charge-sheet was given. If now a charge-sheet is given, the same will be time-barred. So the permission to hold enquiry are misconceived. Since the order of refusal of duty was patently illegal being in violation of Standing Order 12 (3), the appellant continued to be in service and was thus entitled to back benefits. 3. As upshot of the observations made above, I accept the appeal and setting aside the permission to hold enquiry, uphold the direction of re-instatement. The appellant is allowed back benefits also.