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Petitioner: ARSHAD JAVED BUTT VS Respondent: MESSRS ITTEHAD CHEMICALS
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: ARSHAD JAVED BUTT vs MESSRS ITTEHAD CHEMICALS Case No.: Appeal No, GA-301 of 1983 Date of Judgment:1984-03-18 Reported As: 1984 PLC 1316 Result: Appeal partly. Accepted.
JUDGMENT
JUDGMENT ' The appeal titled above challenges the decision, dated 4th May, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No, 3 Lahore at Ferozewala to the extent it ordered the respondent to hold fresh enquiry and held that the question of back benefits would depend upon the result of the enquiry. 2. This is the discretion of the Court to allow the holding of fresh enquiry while issuing direction of reinstatement in case where enquiry is improper or has not been held. In the present case the learned lower Court instead of giving permission directed the respondent to hold enquiry, with the result that there is no option for the respondent not to hold the enquiry. I, accordingly, partly accept the appeal and convert the direction of the learned lower Court into permission to hold fresh enquiry. In case where fresh enquiry is allowed, it is proper to hold that the question of back benefits would depend upon the result of the enquiry. So this direction given by the learned lower Court is just and proper.