DECISION The short point for consideration in this appeal is whether rule 8 of the 'Fishermen's Co- operative Society Karachi (Efficiency and Conduct) Rules, 1964' is applicable in the circumstances of the present case. It reads as under "If an employee of the Society is not dismissed, removed, reduced in rank, or compulsorily retired, he shall be re-instated in service and the period of such absence shall be treated as duty on full average pay."
2. The case of the respondent was that they had been re-instated on 12th of January 1972, therefore, this rule applies and they are entitled to full average pay. The case of the two respondents as disclosed in their application dated the 23rd of October 1971, was that their services were terminated some time in August and September 1971, on the ground of their Confidential Report. They made representation which was disposed of without giving them opportunity to be heard. Mr. Muhammad Ishaq in his cross-examination stated as under :-- "I have been re-instated since 12-1-1972 in accordance with the directives of the Governor." In re-examination he stated as under "I did not accept the ex gratia payment from the respondents because according to the rules of the Society, a person who is re-instated in service is paid the full back benefits." Rule 8, already reproduced, contemplates re-instatement not as a result of Governor's directives but if no action is taken against an employee and he is re-instated he would be entitled to claim the benefits of rule 8. In this case Muhammad Ishaq admitted in cross-examination that he has been re-instated as a result of Governor's directives. I would hold that rule 8 of the 'Fishermen's Co-operative Society, Karachi (Efficiency and Conduct) Rules, 1964* did not apply to the respondents' case. The Award is set aside and is modified to this extent that the respondents will be entitled to1 one month's Notice Pay, which they have not so far accepted.
No one! appeared for the respondents till 12-00 noon on the 13th of February 1974. Order accordingly.