' HAFIZ TARIQ NASIM, J.--- This labour appeal is filed by Maple Leaf Cement Factory with a request that judgment passed by the Presiding Officer Punjab Labour Court-II, Lahore dated 25-10-1993 be set aside.
2. The instant appeal has a cheered history matter went even up to the extent of Honourable Supreme Court of Pakistan remanded by the High Court to the Labour Appellate Tribunal, with the change of Labour Appellate Tribunal to High Court the matter is placed before this Court. However, during the arguments it transpires that judgment of the Punjab Labour Court was implemented by the appellants reinstating the petitioner into service and after performing a long service he stood retired on attaining the age of superannuation.
3. The learned counsel for the appellants confirms this situation and also submits that even the management sent the respondent for performance of Haj on her own expenses meaning thereby that after putting a long unblemished service, respondent left the appellants' organization peacefully, whereas the learned counsel for the respondent submits that if the emoluments and other benefits pertaining to the respondent's post are directed to be released by the appellants he will be satisfied.
4. As practically the matter is not a live issue because according to the appellants' learned counsel the respondent was reinstated, put his service for a long period, stood retired on attaining the age of superannuation and he was paid the retirement benefits and it is stated by the learned counsel for the appellants that the emoluments from the date of respondent's termination to reinstatement are not admissible.
5. Be that as it may, so far the respondent's reinstatement is concerned that was ordered by the Punjab Labour Court on technical grounds, however, the judgment of Punjab Labour Court was implemented by way of reinstating the respondent into service and it is settled law that if the reinstatement is made on technical grounds as in the present case, then the back-benefits to the period from termination to the date of reinstatement are to be decided by the employer and those A emoluments cannot be asked as a matter of right.
6. Under the circumstances of the case the appeal is disposed of with a direction to the appellants to calculate the emoluments of the respondent and if it is found that after the payment of respondent's retirement something is outstanding, then the respondent be paid the outstanding amount within a period of one month, however, it is clarified that the back-benefits pertaining to the period from termination to reinstatement shall be decided by the appellants/employer according to the circumstances of the case.