' The decision, dated 22nd December, 1983 passed by the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala has been challenged in this appeal to the extent it disallowed back benefits to the appellant.
2. The reason given by the learned lower Court for not allowing back benefits is that the circumstances of the case are peculiar. It, however, has not been explained what was the peculiarity for which the appellant is not entitled to past monetary benefits of service. I have carefully gone through the statement of the appellant made before the learned lower Court. He did not state therein that he remained unemployed during the period he remained out of service with the respondent. Delivery of past monetar benefits is not a fine to be inflicted upon the employer.
Since for not any fault of his, an employee has remained out of service with the employer, and has suffered monetary loss, he is compensated with the delivery of back benefits. Since the appellant did not prove that he remained unemployed, so he is not entitled to back benefits.
3. As a result, the appeal is dismissed.