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Appeal No. GA‑446 of 1982/Pb., decided on
‑Dismissal for misconduct‑Re‑instetement‑Back benefits‑Re‑instate ment awarded on technical groan ds‑Back benefits, held, rightly refused by Labour Court‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38.
Rana Abdul Hamid Talib for Appellant.
Date of hearing ‑
In this appeal the decision dated 1‑7‑1982 passed by the learned Presiding Officer, Punjab, Court No. 7, Gujranwala has been challenged to the extent it disallowed back benefits to the appellant.
2. The order of dismissal was set aside and the appellant was directed other re‑instated in service for the reason that although the appointing authority was respondent No. 1, yet the notice which was deemed to be equivalent to charge‑sheet was sent by respondent No, 2, that no opportu nity of personal hearing was afforded to the appellant, nor he was allowed to give defence Obviously the order of re‑instatement was made on technical grounds as proper enquiry was not held. The reason given by the learned lower Court for disallowing back benefits is that the appellant had failed to inform the respondent regarding his whereabouts. Since on, technical grounds the appellant was re‑instated, the lower court was justified in not allowing back benefits to the appellant. There is no force in the appeal, which is dismissed in limine.
Appeal dismissed.
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