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1996 PLC 208

S.M. NASIRUDDIN vs Messrs PAKISTAN INDUSTRIAL DEVELOPMENT

Citation1996 PLC 208
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-200 of 1995
Date1995-10-23
Judge(s)Mushtaq Ali Kazi
ResultRevision dismissed

DECISION ' This Revision Application arises from an order of the Fifth Sindh Labour Court, Karachi disposing of an application under section 51 of the I.R.O. As being not maintainable.

2. The facts in brief are that the applicant was initially employed by P.I.D.C. On 30-8-1976 as Accounts Assistant. He was then transferred to M/s. Al-Libas Limited a subsidiary of P.I.D.C. Al-Libas was subsequently closed down and services of the applicant were terminated. He filed petition before the Labour Court under section 25-A of the I.R.O. But his petition was dismissed. He then preferred an appeal before the Tribunal. The appeal was allowed and he was ordered to be re- instated in his original post by P.I.D.C. With all back benefits. The applicant was then working in the P.I.D.C. Till his retirement on attaining the age of superannuation. Thereafter, the applicant preferred a claim that since his other colleagues originally working with him in the P.I.D.C. Had been re- designated and promoted as Junior Officers and Assistant Managers, therefore, he should also get the same benefits during his term of employment when he remained out of job. This application was dismissed by the Labour Court as being not maintainable.

3. Under section 51 of the I.R.O. Any money due from the employer under (i) settlement, (ii) Award,

(iii) decision of Arbitrator, (iv) Labour Court, (v) Tribunal, may be recovered as arrears of Land Revenue. The money due under subsection (2) should be capable of being computed or should be an ascertained sum.

4. In this case the applicant had been ordered to be reinstated in the original post and not to the post to which he would have been promoted had he not been terminated from service. After retirement he has now claimed that he should get the difference of pay which he would have got after he had been promoted as Junior Officer or Assistant Manager. This is not the computed amount under section 51 of the I.R.O. Which could be recovered as arrears of Land Revenue. The application of the applicant under section 51 of the I.R.O. Has, therefore, been rightly dismissed and there is no illegality or impropriety in the impugned order. This Revision Application is, therefore, not maintainable and is dismissed in limine.

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