The appeal captioned above emerges from the decision dated 6-2-1989 recorded by the learned Presiding Officer, Punjab Labour Court No, TX, Multan, whereby the grievance petition of the appellant was accepted without back benefits.
2. In appeal the appellant has claimed back benefits. No appeal has been brought by the respondent to challenge the direction of reinstatement of the appellant. The appellant in examination-in-chief urged that he was jobless. In cross-examination he admitted that he had come on the taxi standing outside the Court but added that belonged to his brother and he used it whenever necessary. RW-2 deposed that after being dismissed from service the appellant was running Taxi No, MN-175 and that he had himself seen him driving it. In cross-examination he said that he had seen the appellant carrying passengers in the taxi. He admitted that the appellant had brought a criminal case against him in the N.I.R.C. in which the Regional Manager is also an accused. He further said that he has been charge-sheeted in that case. RW-2 did not explain how he believed that the persons being carried by the appellant in the taxi were passengers. He does not say that they were known to him. The said persons may be relatives or friends of the appellant.
Moreover, the evidence of RW-2 is not sufficient to controvert the contention of the appellant that he remained jobless and that the taxi belonged to his brother and he used it whenever it was necessary. There was an enmity between the appellant and the RW-2 on account of the fact that the appellant had brought a criminal case against him which is running in the N.I.R.C. The learned lower Court thus wrongly relied upon the evidence of RW-2. There is no admission on the part of the appellant that he is driving the taxi on hire belonging to his brother. The learned lower Court thus wrongly disallowed back benefits to the appellant.
3. As a result the appeal is accepted and modifying the decision of the learned lower Court full back benefits are allowed to the appellant.