| Case ID |
1ef3b806-8634-4f46-b867-4536042a9405 |
| Body |
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| Case Number |
RI-172 and 173 of 1986 |
| Decision Date |
May 05, 1986 |
| Hearing Date |
Apr 27, 1986 |
| Decision |
The appeals were dismissed as the appellants did not establish that they remained jobless after their termination. The Labour Court's ruling was upheld, indicating that back benefits are not granted as a punishment to the employer but as compensation for the employee's lost income due to wrongful termination. The appellants failed to assert their joblessness, thus justifying the lower court's decision to deny back benefits. |
| Summary |
This case revolves around the appeals filed by Muhammad Nawaz and another against the Director of Soil Conservation, concerning wrongful termination under the Industrial Relations Ordinance, 1969. The court examined the conditions under which back benefits are awarded and emphasized the necessity for the employee to assert their joblessness post-termination. The ruling reinforced the principle that back benefits serve to compensate for lost earnings due to illegal termination, not as punitive measures against employers. This case is crucial for understanding employee rights and the burden of proof in wrongful termination claims. Keywords include wrongful termination, employee rights, back benefits, and Industrial Relations Ordinance. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Labour Appellate Tribunal, Punjab,
Punjab Labour Court No.6, Rawalpindi
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
M. Arshad Munir
|
| Petitioners |
Muhammad Nawaz,
Another Appellant
|
| Respondents |
Director Soil Conservation (Agricultural) Rawalpindi,
Another Respondent
|
| Citations |
1988 SLD 1219,
1988 PLC 604
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|