Back benifits service tribunal and labour court cases
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| Back benefits |
Back benifits service tribunal and labour court cases
Dear Readers ajj hum baat karain ge back benefits ke bare main kion ke kuch cases main sarkari mulazmeen ko mulazmat se terminate kar dia jata hai or un ke dubra bihal hone per un ko back benifit nahi diye jate . hum kuch case ke citation app k sath share karain ge take app ko samjhne main aasani hu .| 2013 PLC 326 PESHAWAR-HIGH-COURT | ||
| EXECUTIVE DIRECTOR C.F.O., MARDAN | ||
| vs | ||
| MUHAMMAD ILYAS KHAN | ||
yeh case law hai jiss main petitioner ne Backbenifit or reinstate karne ki demand thi ju ke labour court ne reinstate bhi kar dia or back benefit bhi dene ka order kar dia , or same order ko appellat court ne same order jari rakhe magar peshawar high court ne apeal accept kar li or iss main qarar dia ke petitioner ne koi evidence pesh nahi ki ke wo jobless raha during period of termination to reinstate .lihaza apeal
-Petitioner workman was obliged have to shown that during the intervening period of his dismissal from service and re-instatement, he remained jobless, otherwise petitioner could not competently claim Back-benefits and he would only be entitled to receive the same from the date of order of re-instatement passed by the Labour Court---Appeal was partially allowed---Judgment of the Labour Court was modified accordingly---Workman was granted Back-benefitsfrom the date of the judgment of Labour Court.
issi tarah aik or faisla back benefits ka hai wo bhi main app ke sath share karon ga jiss main
| 2014 PLC 164 QUETTA-HIGH-COURT-BALOCHISTAN | ||
| MERCK (PRIVATE) LIMITED | ||
| vs | ||
| MEMBER LABOUR APPELLATE TRIBUNAL, BALOCHISTAN, QUETTA | ||
Back benefits employees with back benefits was contrary to the principle "no work no pay"---Back-benefitswere not to be allowed as punishment to employer or exemplary in favour of employees but was meant just to accommodate an employee who had suffered on account of losing his job and by not availing a gainful job within the intervening period---Labour Court as well as Labour Appellate Tribunal misread and misappreciated evidence/ material available on record---High Court set aside the judgments passed by two Courts below and remanded the case to Labour Court for decision afresh--Petition was allowed accordingly.
| 2009 PLC(CS) 477 SUPREME-COURT | ||
| ZARAI TARAQIATI BANK LTD., ISLAMABAD | ||
| AFTAB AHMED KOLACHI |
yeh bari mazidar authorty hai jiss main petitioner ko service tribunal ne reinstate kar dia or
backbenefits ke liye inquiry karne ka order dia within three month . magar bank 3 months ke andar inquiry intiate left the question of Back-benefitsdependant upon the result of fresh enquiry proceedings---Service Tribunal further directed, that in case of failure of the employers to initiate and conclude the de novo proceedings within a period of four months the employee shall be entitled to all the back benefits-
Bank inquiry within time na kar saka jiss ka nateja yeh nikla ke us ko high court ke orders ke khalaf Supreme court jana para or supreme court ne leave to apeal nahi de or
-Held, such directions of the High Court were neither perverse nor fallacious, rather absolutely just and proper as the employers could not be permitted to seek premium for the acts of apathy, stoicism and impassivity, displayed by them---No case for grant of leave to appeal to Supreme Court was, thus made out---Petition for leave to appeal was dismissed--Constitution of Pakistan (1973), Art.185(3).
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