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Petitioner: MUHAMMAD BASHIR VS Respondent: CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title:MUHAMMAD BASHIR vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and
others Case No.: Civil Petition No,126 of 1986 Date of Judgment:1988-11-23 Reported As: 1989 SCMR 1095 Result: Leave to .appeal granted Judgment ORDER ' 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. 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. Reliance is placed on National Bank of Pakistan and another v. Muhammad Asif Ahmad and others PLD 1985 Quetta 100. ' The plea urged raises a question of general public importance. Leave is, accordingly, granted. ' 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.