| Case ID |
0be03c4c-7de5-4ed4-a2da-f7678788d45e |
| Body |
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| Case Number |
Appeal No. RI-39 of 1985 |
| Decision Date |
Sep 28, 1985 |
| Hearing Date |
Sep 22, 1985 |
| Decision |
The appeal was dismissed. The appellant was not entitled to back benefits as he did not assert that he was not gainfully employed during the intervening period after his dismissal. The court held that back benefits are allowed to compensate a worker who was prevented from working due to an illegal order of dismissal, only if the worker asserts that he did not earn anything during the period in question. The burden of proof then shifts to the employer to show otherwise. In this case, since the appellant failed to make such an assertion, the denial of back benefits was upheld. |
| Summary |
This case involves an appeal by Javaid Iqbal against Musteham Cement Ltd. concerning the denial of back benefits following wrongful termination. The Labour Appellate Tribunal, Punjab, presided over by Sardar Muhammad Abdul Ghafoor Khan Lodhi, heard the case. The appellant argued for entitlement to back benefits despite not asserting unemployment post-dismissal. The court emphasized the necessity for the worker to verbally assert non-employment to shift the burden of proof to the employer. Without such an assertion, as in this case, back benefits are not awarded. The case references other judgments such as 1985 PLC 750 and NLR 1985 Labour 51, discussing the onus of proof regarding employment status post-dismissal. The decision underscores the importance of legal procedure in employment disputes, particularly in claims for back benefits. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Labour Court No.6, Rawalpindi
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Ch. Sadiq Muhammad Warraich,
Imtiaz Muhammad Khan
|
| Petitioners |
Javaid Iqbal
|
| Respondents |
Musteham Cement Ltd.
|
| Citations |
1986 SLD 2005,
1986 PLC 281
|
| Other Citations |
1985 PLC 750,
NLR 1985 Labour 51
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A
|