The decision, dated 7-10-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad has been challenged whereby the grievance petition of the appellant for his pay for the period from 1-1-1983 to 21-4-1983 was dismissed.
2. The appellant applied for leave for the period from 1-1-1983 to 14-1-1983, which was sanctioned.
He made another application for leave for the period from 15-1-1983 to 30-1-1983, which too was sanctioned. The appellant is alleged to have sent another application for leave from 31-1-1983 to 21-4-1983 but the case of the respondent is that no such application was received. The appellant when resumed duty on 22-4-1983, however, made another application for leave for the period from 30-1-1983 to 21-4-1983, which is Exh.R-2. The said application has not yet been decided. The learned counsel for the respondent has stated at the Bar that if in reality the pay for the period from 1-1- 1983 to 30-1-1983 has not been paid the appellant is entitled to the same and it would be paid.
3. Since admittedly leave for the period from 31-1-1983 to 21-4-1983 has not yet been sanctioned the appellant cannot claim pay for the said period as of right and thus there is no right guaranteed in his favour and to this extent the order of the learned lower Court is correct.
4. As a result of the observations made above, the respondent is directed to pay to the appellant his salary for the period from 1-1-1983 to 30-1-1983 if not already paid and to this extent the order of the learned Lower Court is modified. The appeal of the appellant with respect to the pay for the period from 31-1-1983 to 21-4-1983 is dismissed. However, the respondent is directed to finally decide the request of the appellant for leave for the period from 31-1-1983 to 21-4-1983.
A. E.