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Industrial Relations Ordinance (XXIII of 1969)‑--

‑‑ Ss. 25‑A & 37‑Grievance petition against dismissal for mis conduct‑Slogan allegedly raised during working hours found not am9upting to misconduct but petitioner workman found to have behaved in objectionable manner‑Refusal of back‑wages while awarding re‑instatement by Labour Court, in circumstances, up held by Labour Appellate Tribunal.

M. A. Hamid Awan for Appellant.

Date of hearing : 13th January, 1982.

This appeal arises from the decision dated 24th November, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the grievance petition of the appellant for his reinstate ment was accepted, but he was not allowed back benefits. He has by the present appeal challenged that portion of the order of the lower Court, whereby it was held that he is not entitled to back benefits.

2. The reason given by the lower Court for not allowing back bene fits is that the appellant behaved in an objectionable manner during duty A hours, so he was responsible for what had happened which resulted in his dismissal. The allegation against the appellant was that during the duty hours he said loudly to the workers- Since such a slogan was not made against the Management, therefore, according to the lower Court, it did not amount to misconduct, but since these words were uttered loudly during working hours, the appellant misbehaved. Obviously, the attention of the workers was diverted and they must have stopped work for sometimes. They were, therefore, disturbed in their duties. The appellant obviously meant by making this slogan whether the workers had any trouble from the Management. Obviously, the appellant did not enquire about the health of the workers by making such a slogan. If he had made such an enquiry from the workers in a low tone without disturbing them and not during duty hours, the slogan would not have amounted to misbehaviour. So the reason given by the lower Court for not allowing back benefits appears to be sufficient. There is no force in the appeal, which is dismissed. in limine.

Appeal dismissed

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