| Case ID |
3a05a85c-69f5-4ebb-b0dd-670184a9d3a4 |
| Body |
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| Case Number |
Writ Petition No. 4167 of 1983 |
| Decision Date |
Feb 23, 1988 |
| Hearing Date |
Feb 23, 1988 |
| Decision |
The Lahore High Court dismissed the petition filed by Khalif Shah, challenging the Labour Appellate Tribunal's decision which denied him back benefits after his reinstatement. The court held that the Tribunal acted within its discretion in refusing back benefits, considering the petitioner's failure to comply with a verbal order from his superior. The court emphasized that no substantive right exists in the claim for back benefits, which are at the discretion of the Tribunal based on the circumstances of each case. Therefore, the petitioner's request for back benefits was denied, and the High Court found no grounds to interfere with the Tribunal's judgment. |
| Summary |
In the case of Khalif Shah vs. Pakistan Engineering Co. (PECO), the Lahore High Court addressed the issue of back benefits following the reinstatement of an employee dismissed for misconduct. The court examined the circumstances surrounding the dismissal and the subsequent appeals made by the petitioner. The Labour Appellate Tribunal had reinstated Khalif Shah but denied him back benefits, citing his failure to follow a verbal order from his superior. The High Court upheld the Tribunal's decision, emphasizing that the granting of back benefits is discretionary and not an automatic right upon reinstatement. This case highlights the importance of adhering to workplace orders and the judicial discretion exercised by courts and tribunals in labor disputes. Keywords: labor law, reinstatement, back benefits, judicial discretion, employee rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Labour Appellate Tribunal,
Pakistan Engineering Company
|
| Judges |
LEHRASAP KHAN, J,
KHALI F SHAH
|
| Lawyers |
Rana Bashir Ahmad,
Malik Bashir Alimad
|
| Petitioners |
Khalif Shah
|
| Respondents |
Pakistan Engineering Co. (PECO)
|
| Citations |
1988 SLD 1391,
1988 PLC 877
|
| Other Citations |
Hibib-ur-Rehman v. Malik Cotton Factory 1983 P L C 1279,
Din Muhammad Jaffary v. Managing Director 1986 P L C 1166
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
Art. 199,
25-A,
38
|