1989 PLP 1095 (SCMR)
MUHAMMAD BASHIR‑‑Petitioner Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others‑‑Respondents
| Citation | 1989 PLP 1095 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ghulam Mujaddid, JJ |
| Parties | MUHAMMAD BASHIR‑‑Petitioner Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others‑‑Respondents |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1095 (SCMR)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1095 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ghulam Mujaddid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1095 (SCMR) (MUHAMMAD BASHIR‑‑Petitioner Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Asghar Malik, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 23rd November, 1988.
Headnotes / Summary
(On appeal from the judgment, dated 2‑12‑1985 of the Lahore High Court, Lahore in Writ Petition No.1556 of 19851. ‑‑‑S.25‑A‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Labour Court reinstating worker with back benefits‑‑Labour Appellate Tribunal while upholding reinstatement of worker, modified the same to the extent of excluding back benefits‑‑Worker's Constitutional petition against exclusion of back benefits failed‑‑For consideration of plea that once it was found that services of workman were terminated illegally, 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 and such plea having raised a question of general public importance, leave to appeal was granted.
Judgment & Decree
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 P L D 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. AA./M‑773/S Leave to appeal granted.