This is an appeal against an order of the West Pakistan Industrial Court (Central Zone), Lahore, dated 31st March 1969. The appellant was a Conductor in Lahore Omnibus Service, Lahore. He was dismissed for misconduct by the District 'i Manager, Lahore. On appeal he was re-instated on compassionate grounds, without payment of any back benefits.
2. The appeal is confined to the back benefits. It is contended by -the learned Advocate for the appellant that the appellant did not give the application to the Department on 1 ]ih March 1969, in which he had stated that if he was re-Instated he will have no claim for back benefits. The appellant produced a carbon copy of another application which he states that he made before the Appellate Authority. Air Commodore A. M. Allah Dad, who heard the appeal, appeared before the Industrial Court and stated that the appellant had made the application on 11th March 1969, stating therein that if he was re-instated, he will not claim any back wages. He had also stated that he was without job for a long time, that he was starving and that he had small children. Air Commodore A. M. Allah Dad passed the following orders:- "Akhtar Hussain, ex-Conductor No. 1036, is hereby re--instated in service. He is not entitled to get any emoluments for the intervening period during which he did not work and in view of his own written mercy petition dated 11th March 1969."
3. I have no reason to disbelieve Air Commodore A. M. Allah Dad. Air Commodore Allah Dad had no reasons, what soever, to compel the appellant to make the application in question. It seems to me that the appellant having gained his object by being re-instated, wanted to have the back wages also through the Industrial Court. This cannot be done. I see no justification to allow the appeal. The appeal is dismissed.