Pakistan Case Law← Search
1970 PLC 294

ABDUL HAKEEM vs THE DISTRICT MANAGER, GOVERNMENT TRANSPORT

Citation1970 PLC 294
CourtIndustrial Appellate Tribunal
Date1969-10-13
Judge(s)Inamullah Khan
ResultN/A

ORDER

1. This is an application under section 42 of the West Pakistan Industrial Disputes Ordinance, 1968, for interpretation of order dated 14th January 1969. By the said order, I ordered the re-instatement of the applicant, Abdul Hakeem, mainly on the ground that his services were terminated without any sufficient cause. The question is whether the applicant is entitled to that emolument from the date that his services were done away will up to the date that he was re-instated. Ordinarily, if a person in re-instated he would be deemed to have been in service all along and, therefore, would be entitled to his wages and any other benefits that he may have otherwise received. If the Court desires that in spite of re-instatement the person re-instated is no entitled to back wages, it must state its reasons. In the absence of any reason, the ordinary rule will prevail, namely, that the applicant will be entitled to back wages and benefits. In then circumstances, I would interpret my order to mean that the applicant having been re-instated is entitled to all the emolument and benefits for the period that he was out of employment, i.e. from the date he was dismissed till the date he was re-instated.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search