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1985 PLC 697

Syed ABID HUSSAIN SHAH vs EXECUTIVE ENGINEER, PUNJAB HIGHWAY

Citation1985 PLC 697
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
Resultappeal dismissed

' The order dated 11th March, 1984 passed by the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala under section 51 of the Industrial Relations Ordinance, 1969 has been challenged in this appeal.

2. The impugned order is not appealable. Appeals lie from awards and decisions passed under section 25-A, section 34 or sentence passed under clause (e) of subsection (5) of section 35 of the Industrial Relations Ordinance, 1969. It is not provided in section 38 (3) that any appeal lies from an order passed under section 51. The appeal can be treated as a revision but the appellant has no case. His prayer in the appeal is that setting aside the impugned order, he be directed to be reinstated in service and awarded back benefits from 2nd May, 1982 till he is put back on duty. He did not bring any application under section 25-A for reinstatement but applied for arrears under section 51. On account of absence he was removed from service vide order, dated 2nd May, 1982.

So the learned lower Court has directed the respondent to deposit arrears upto 1st May, 1982. Since on 2nd May, 1982 he was removed from service and he did not challenge the said order, he is not entitled to wages from 2nd May, 1982 onward.

3. As a result, the appeal is dismissed in limine. ppeal dismissed.

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