| Case ID |
10c9450a-75b6-4595-bf47-43ee966f764b |
| Body |
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| Case Number |
LHR-313 of 1986 |
| Decision Date |
Jun 15, 1986 |
| Hearing Date |
Jun 02, 1986 |
| Decision |
The decision dated 1.2-4-1986 recorded by the learned Presiding Officer, Punjab Labour Court No.2, Lahore has been challenged to the extent it allowed back benefits to the respondent. The respondent asserted that he has remained jobless. In cross-examination, however, he stated that he got some work for sometime and at sometime he remained without any work. No further question was put to him for how long he got work and what he earned. After the respondent had asserted on oath that he has remained jobless, the onus shifted upon the appellant to get divulged from the respondent that he throughout the period of his dismissal, remained employed or to disclose what he had actually earned. By producing evidence also it could be proved what the respondent had actually earned. It was not difficult for the appellant to do so. When the respondent was in the witness-box, he could be inquired where he had been working and then inquiry could have been made from his such employer about the period of employment and what actually the respondent had earned. Simply getting an answer from the respondent that sometime he got some work, the appellant did not make out a case of non-payment of back benefits. The cross-examination of the respondent shows that he casually got some work which is to be ignored. Thus, the respondent was rightly allowed back benefits by the learned lower Court. As a result, the appeal fails and is dismissed. |
| Summary |
The Labour Appellate Tribunal, Punjab, in the appeal case LHR-313 of 1986, dealt with the matter of reinstatement and back benefits under the Industrial Relations Ordinance. The case involved the Superintendent of the Government Printing Press, Lahore, as the appellant and Zawar Ahmad Khan as the respondent. The core issue revolved around the respondent's claim of being jobless after termination of service. The Tribunal upheld the Labour Court's decision to award back benefits, emphasizing the shifting onus of proof to the employer to demonstrate any earnings or employment of the respondent during the dismissal period. The case highlights important aspects of labor rights and the burden of proof in employment disputes, making it a significant reference for similar cases in the context of labor law in Pakistan. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Rana Mahmood,
Malik Muhammad Asghar
|
| Petitioners |
Superintendent, Government Printing Press, Lahore
|
| Respondents |
Zawar Ahmad Khan
|
| Citations |
1995 SLD 1345,
1995 PLC 585
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|