1. DECISION ' An appeal has been filed by Mubeen Khan workman of the Public Oil Mills Limited, Fazalabad, Multan, against the order of the learned Junior Labour Court, dated 30th April 1974, whereby, though he was re-instated in service, was not given the back benefits. It is an admitted fact on record that the appellant was a temporary employee of the respondent-Management and he was terminated on account of unsatisfactory work. It is also clear, from the record of the learned lower Court that no show-cause notice was given to the appellant nor any enquiry was held against him. It has been rightly observed in the impugned order that even in the case of a temporary workman or a probationer show-cause notice is necessary if his termination is directed against misconduct. In such situation the incidence of back wages ordinarily followed the re-instatement in service.
2. The learned lower Court did not give any suitable reason for denying the back wages. The respondent Management did not file an appeal against the impugned order and as such admitted the correctness thereof. The representative of the respondent-Management present today has not raised any reasonable objection against the right of back benefits of the appellant except that owner of the factory is not in favour of taking back the appellant or to give him the back wages.
3. There is no justification for any such stand on the part of the employers and this appeal must succeed. Accordingly the appeal being accepted the appellant is directed to be paid his back wages with effect from 8th December 1973 alongwith his re-instatement in service of the respondent-Management.