DECISION ' The appellant was employed with M/s. Cynamid (Pakistan) Limited as telephone/fax/telex operator/receptionist since 25th November, 1990. On 2nd February, 1993 she was issued an order in writing terminating her service on account of re-organisation and also because she had been frequently absenting herself from office and had lost the confidence of the employers. She filed her grievance petition before the Second Sindh Labour Court, Karachi. The Court was of the view that no explicit reasons had been mentioned in the order terminating her service. Her grievance petition was accordingly allowed and she was ordered to be reinstated in service.
2. Regarding the back benefits she had not claimed the same in her petition for being unemployed.
In her affidavit she had stated that she had been jobless since the termination of her services, but in the cross-examination she admitted that she had since been attending the "woman" as beautician and she was gainfully employed. The learned Labour Court accordingly did not allow her any back benefits relying on 1991 SCMR p.
2087. Against this order of refusal to grant back benefits she has filed this appeal. Since she did not take up the plea that she was jobless either in her petition or in her evidence she has not been granted the back benefits. Her basic salary was only Rs,1,800 per month while she could earn this amount in 2 or 3 sittings as a beautician. I cannot, therefore, see any reason for interference with the order of the Labour Court.
3. The judgment of the Labour Court is accordingly maintained and this appeal is dismissed in limine.