1989 PLP 831 (PLC(CS))
MUHAMMAD JAMIL Versus AGRICULTURAL ENGINEER, GUJRANWALA
| Citation | 1989 PLP 831 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, |
| Parties | MUHAMMAD JAMIL Versus AGRICULTURAL ENGINEER, GUJRANWALA |
| Primary Law | (a) Industrial Relations Ordinance (XXIII of 1969)‑‑, (b) Industrial Relations Ordinance (XX111 of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 831 (PLC(CS))?
This judgment primarily cites: (a) Industrial Relations Ordinance (XXIII of 1969)‑‑, (b) Industrial Relations Ordinance (XX111 of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 831 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Sardar Muhammad Abdul Ghafoor Khan Lodhi,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 831 (PLC(CS)) (MUHAMMAD JAMIL Versus AGRICULTURAL ENGINEER, GUJRANWALA). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Saleem for Appellant.
- Muhammad Azam Bhaur with Zulfiqar Ahmad Khan for Respondent.
- Date of hearing: 8th May, 1988.
Headnotes / Summary
‑‑‑Ss. 25‑A & 38(3)‑‑Reinstatement‑‑Back benefits‑‑Wrongful removal from service‑‑Petitioner workman deposing in examination‑in‑chief that he remained jobless right from date of removal‑‑No evidence in rebuttal‑‑Labour Court disallowing back benefits without recording any reason‑‑Order of Labour Court, in circumstances set aside in appeal allowing full back benefits. ‑‑‑Ss. 25‑A & 38‑‑Appeal‑‑Labour Court awarding reinstatement but disallowing back benefits‑‑Workman filing appeal against decision regarding back benefits‑ No cross appeal filed by employer‑‑Employer, in circumstances, held, could not challenge direction of Labour Court regarding re‑instatement in his stand/defence against appeal of workman.
Judgment & Decree
‑‑‑Ss. 25‑A & 38(3)‑‑Reinstatement‑‑Back benefits‑‑Wrongful removal from service‑‑Petitioner workman deposing in examination‑in‑chief that he remained jobless right from date of removal‑‑No evidence in rebuttal‑‑Labour Court disallowing back benefits without recording any reason‑‑Order of Labour Court, in circumstances set aside in appeal allowing full back benefits. (b) Industrial Relations Ordinance (XX111 of 1969)‑‑
‑‑‑Ss. 25‑A & 38‑‑Appeal‑‑Labour Court awarding reinstatement but disallowing back benefits‑‑Workman filing appeal against decision regarding back benefits‑ No cross appeal filed by employer‑‑Employer, in circumstances, held, could not challenge direction of Labour Court regarding re‑instatement in his stand/defence against appeal of workman. Zafar Saleem for Appellant. Muhammad Azam Bhaur with Zulfiqar Ahmad Khan for Respondent. Date of hearing: 8th May, 1988. The appeal captioned above challenges the decision dated 8‑3‑1988 recorded by learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala to the extent it disallowed back benefits to the appellant. No cross appeal has been filed by the respondent.
2. The learned lower Court has not recorded any reason for disallowing the back benefits to the appellant. The appellant in his examination‑in‑chief asserted that he remained jobless right from the date of removal from service. No evidence in rebuttal on this point was led by the respondent. The representative of the respondent has tried to challenge the direction of the learned lower Court of reinstatement but since no cross appeal has been filed, the respondent cannot challenge the order of reinstatement.
3. As a result the appeal is accepted and modifying the impugned decision the appellant is allowed full back benefits. A.E./537/Lb.P Appeal allowed.