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Petitioner: MUHAMMAD SHARIF VS Respondent: MESSRS PACKAGES LTD., LAHORE
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: MUHAMMAD SHARIF vs MESSRS PACKAGES LTD., LAHORE Case No.: Appeal No, LHR-158 of 1984 Date of Judgment:1984-06-10 Reported As: 1984 PLC 1696 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' The decision dated 25th March, 1984 delivered by the learned Pressing Officer, Punjab Labour Court No, 2, Lahore has been challenged in the appeal to the extent it disallowed back benefits to the appellant. The reason given by the learned lower Court for disallowing back benefits is the appellant did not state that he remained unemployed during the period of dismissal. The appellant has filed an affidavit with the appeal but disproves his claim to back benefits. He says in his affidavit that "he h. Been driving rickshaw during this period on daily wages basis". He also says that it was not a regular feature. Regular employment is not necessary If the worker has taken up employment under another employer, the wag earned by him by such employment is to be deducted from back benefit The employment need not be regular or permanent. Since for the who time the appellant remained employed and he has not disclosed his tot: earnings, he is not entitled to back benefits. 2. As a result, the appeal is dismissed having no force.