| Case ID |
0ba48a1c-6c0a-4ef5-ac95-df34a7f621cc |
| Body |
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| Case Number |
KAR-185 of 1984 |
| Decision Date |
Feb 04, 1985 |
| Hearing Date |
Feb 04, 1985 |
| Decision |
The appeal was allowed in favor of the appellant, Moula Bakhsh. The Labour Court had previously reinstated him but denied back benefits on the grounds of leaving without permission. The Appellate Tribunal found that the circumstances of the case, particularly the urgent need to attend to his seriously ill son, justified his actions. It was ruled that the refusal of back benefits was unwarranted, and the appellant was awarded back benefits equivalent to his basic salary of Rs. 6951 per month. |
| Summary |
This case revolves around the reinstatement and back benefits of a workman, Moula Bakhsh, who left his duty without permission due to a family emergency involving his seriously ill son. The Labour Court initially reinstated him but denied back benefits, citing absence without permission. However, the Labour Appellate Tribunal recognized the urgency of the situation and ruled that the workman's departure was not deliberate but rather a necessary response to a crisis. This decision underscores the importance of compassionate considerations in employment law and the rights of workers to address family emergencies. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Machine Tool Factory
|
| Judges |
Ali Nawaz Budhani
|
| Lawyers |
Khadim Hussain,
Iqbal Afridi
|
| Petitioners |
Moula Bakhsh
|
| Respondents |
Messrs Pakistan Machine Tool Factory
|
| Citations |
1985 SLD 2258,
1985 PLC 966
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|