DECISION This appeal is directed against the order of Fifth Sind Labour Court, Karachi partly allowing the grievance petition of Miss Nasim Mehdi, rejecting her prayer for back benefits.
2. The facts in brief are that the appellant Miss Nasim Mehdi was employed by K.L.M. Dutch Airlines as Telephone Operator in the year 1988. She was Pakistani national at that the. Afterwards she married a Dutch national one Mr. John Williams and obtained dual Dutch nationality also. She possessed Pakistani as well as Dutch Passports. The respondent K.L.M. Airlines thereafter terminated her services on the plea that being a Dutch national she had to obtain Work Permit from Government of Pakistan for employment in Pakistan. Since she has not obtained this permission from Pakistan Government, her services were terminated.
3. Miss Nasim Mehdi explained to the company that even after marriage to a Dutch national, she had retained her Pakistan nationality which was permissible under. The Pakistan Law, and her services should not therefore be discontinued. The Airlines company however invited her attention to section,14(1) of Pakistan Citizenship Act, 1951 that because she had not renounced the Dutch nationality she ceased to be a national of Pakistan. The Airlines neglected to read that section as a whole and did not refer to section 14(4) of the Pakistan Citizenship Act wherein it is clearly stated:-- "Nothing in subsection (1) shall apply to a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan. "
4. The appellant was thus exempted from application of section 14(1) regarding dual citizenship or nationality. The Dutch Airlines were not therefore justified in terminating her services on this ground that she had no Work Permit.
5. The correspondence shows that the appellant has drawn their attention that she can continue in service being a national of Pakistan also and her Pakistan nationality does not automatically cease in view of subsection (4) of section 14. The learned Labour Court accordingly reinstated her in service but erroneously believed that she was not entitled to back benefits because she is partly responsible for her removal from service for having not disclosed the fact of her dual Pakistani nationality to the Dutch Airlines. But she had from the very start informed the Airlines that she was born in Pakistan being a Pakistani and she has not renounced Pakistan nationality. It appears the Dutch Airlines were ignorant of the legal position according to section 14(4) of the Citizenship Act.
But "ignorance of law is no excuse" and the appellant cannot be blamed for the ignorance of the respondents in this respect. There is no contributory negligence on the part of the appellant and she cannot be deprived of the back benefits on this ground.
6. The order of the Labour Court is accordingly set aside and the appeal is allowed. The respondents are directed to pay the back benefits to Miss Nasim Mehdi within 30 days.