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1974 PLC 287

MESSRS S. MOHAMMAD DIN TANNERY, KARACHI vs Sh. ABDULLAH AND

Citation1974 PLC 287
CourtLabour Appellate Tribunal
Case No.Appeal No. KAR-237 of 1973
Date1973-05-13
Judge(s)Inamullah Khan
ResultN/A

ORDER

1. This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. It, Karachi, dated tad April 1973, whereby the learned Labour Court ordered the respondent to be re- Instated with full back benefits. The case of the parties is a simple one. The appellant's case was that the respondent had resigned on the December 1971, while the contention of the respondent war that he had not resigned. The learned Labour Court for very good reasons came to the conclusion that the respondent had not resigned. The question, however is as to whether under the circumstances of the present case, the respondent should have been given the whole of back benefits. The respondent, as I have already mentioned, resigned on 11th December 1971. He made an application before the Labour Court on 15th February 1972. The impugned order was passed on 2nd April 1973. It took over a year for a simple case like this to be disposed of. This was no doubt due to the fact that there are a number of cases pending before the Labour Court. A simple case like this should not have taken more than 4 to 5 months. In these circumstances I, think that the appellant should not be penalized to pay full back benefits from the time that the respondent is said to have resigned, t e. 11 -12-1971. I would modify the order of the learned Presiding Officer of the Labour Court to this extent only that the appellant will be liable to pay six months wages and other benefits to the respondent.

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