Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUZAFFAR ALI GONDAL VS Respondent: PROGRESSIVE PAPERS LIMITED
1988 P L C 511
1988 P L C 511
[Labour Appellate Tribunal Punjab]
Present: Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal
MUZAFFAR ALI GONDAL
Versus
PROGRESSIVE PAPERS LIMITED
Appeal No.LHR‑15 of 1987‑Punjab, decided on 11th March, 1987.
Industrial Relations Ordinance (XXIII of 1969)‑‑ ‑‑‑Ss .25‑A & 38(3)‑‑Back benefits‑‑Worker's statement before lower Court, that he remained unemployed since his removal from service, going unchallenged in cross‑examination‑‑Counsel of worker during arguments making statement that worker remained employed for a certain period prior to date of acceptance of his grievance petition‑ Back benefits allowed to worker from date of removal from service to date of acceptance of petition minus period during which he remained employed.
Malik Muhammad Asghar for Appellant.
M.A.Khadim for Respondent.
Date of hearing: 9th March, 1987.
JUDGMENT
This is an appeal brought by Muzaffar Ali Gondal, appellant, challenging the decision dated 3‑1‑1987 to the extent it disallowed back benefits to him. No cross objections or cross appeal has been brought by the respondent.
2. The appellant had stated in his statement recorded by the learned lower Court that since the order of his removal from service he was unemployed. Neither RW‑1 rebutted this evidence nor in cross -examination this portion of ‑the evidence of the appellant was challenged. However, during arguments the learned counsel for the appellant has said that the appellant had remained employed from 1‑2‑1985 to the date on which his grievance petition was accepted by the learned lower Court but before that he had remained jobless. The appeal is accepted partly and the appellant is allowed back benefits from the date of removal from service upto the date his grievance petition was acceted minus what he earned from 1‑2‑1985 to 3‑1‑1987.
M.Y.H. /315/Lb.P Appeal partly accepted.