DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. I, Karachi, dated 24th April 1973, whereby the learned Labour Court ordered the re-instatement of the respondent. The respondent had prayed for recovery of Rs. 1,885.00 towards his Earned: Wages, Notice Pay, Wages for Annual Leave and Wages for Weekly Rest. It is noteworthy that the respondent did not pray for his re-instatement., The respondent had filed his own affidavit in support of his claim and in the affidavit also he did not express his willingness to serve the appellant. In these circumstances and in the absence of any prayer, the learned Labour Court should not have ordered the re-instatement of the respondent.
2. It is also to be noted that the respondent had filed a letter dated Nth April 1972, alongwith his application under section 25-A of the Industrial Relations Ordinance, 1969. The letter was addressed to the appellant. In that letter the only claim that he had made against the appellant was for bonus and not for the various items, which he has now claimed. On that ground the learned Labour Court should have dismissed the application.
3. I would, for the reasons given above, allow the appeal and set aside the order of the learned Labour Court.