DECISION ' This appeal has been filed by the worker against the order of the Fifth Sindh Labour Court, Karachi for not granting him the full back benefits though he was ordered to be reinstated in service of Hotel Marriott.
2. The brief facts are that the appellant who was a permanent worker at the Hotel had applied for grant of earned leave from 1-11-1992 to 21-12-1992. This was the maximum period of leave that was due to him and the appellant knew that he had no right to any further extension, but on 18-12-1992 he sent his application from Chakwal and then on 9-11993 from Riawind for extension of leave up to 25-3-1993. The Hotel Marriott informed the appellant by telegram that extension could not be allowed. On 30-3-1993 the appellant turned up and gave his joining report but meanwhile Hotel Marriott had conducted an ex parte enquiry for absence for more than ten days and dismissed the appellant from service. The learned lower Court allowed the petition of the worker to the extent of re-instatement but rejected the claim of the appellant regarding back benefits because of his deliberate absence.
3. It is evident from the above facts that the appellant was not prevented by any vismajor to reach Hotel Marriott within the leave period but he deliberately stayed away just to acquire more knowledge at Riawind. In 1991 SCM R 2087 it was held by the Supreme Court that back benefits do not automatically follow the order of re-instatement where the order of dismissal or removal has been set aide by the Court. If the blame partly lies on the worker himself in the alleged misconduct he is not entitled to the award of back benefits. In the present case also appellant knew that he had no further leave to his credit and yet he remained absent without leave and applied for extension.
4. Under the circumstances the blame lies on the appellant worker for absenting himself and the lower Court has rightly rejected his claim for the back benefits. There is no further ground for allowing this appeal. It is, therefore, rejected in limine.
Appeal rejected.