DECISION ' Heard Mr. Faiz Ghangro, Advocate for appellant, Muhammad Yameen.
2. Muhammad Yameen was working as Machine Operator in Pakistan Security Printing Corporation, Karachi. About the year 1974 he had been found guilty of misconduct as he had taken four strangers inside the canteen of the Security Press without any permit or pass Co enter the premises. He had, thus, committed a security hazard. He was charge-sheeted and after enquiry he was found guilty and dismissed from service under Order 15 of the Standing Orders Ordinance.
3. Mr. Muhammad Yameen filed petition under section 25-A before the Labour Court and he went in Constitution petition to the High.Court of Sindh and then Supreme Court. Eventually the case was remanded and he was reinstated in service but during all this time he had not complained that he was not gainfully employed elsewhere and he should, therefore, be allowed back benefits. He, therefore, came back to the Labour Court and filed additional evidence that he was not gainfully employed during this period. This petition was not granted by the Labour Court. He has, therefore, come in appeal before the Tribunal.
4. Meanwhile he reached the age of superannuation and was retired from service of the Pakistan Security Printing Corporation with effect from 4-21989. He has been allowed all his dues on retirement and he is no longer in service as workman. His fresh claim for back benefits from 1975 to 1996 for about 22 years cannot now be considereu under section 25,-A of the I.R.O., 1969. He has not claimed any back benefits nor had he alleged that he was not gainfully employed when he had given his grievance notice to the Corporation. He cannot, therefore, claim the back benefits now without there being mention of non-employment even in the grievance notice.