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[Labour Appellate Tribunal Punjab]

Appeal No. Lyp-592 of 1977/{b., decided on 21^st May, 1978,

‑‑‑ S. O. 12(4)‑.Sick leave on full pay‑Back benefit of Labour Court allowing re‑instated employee only sixteen days medical leave on half pay and remaining medical leave without pay‑Sixteen days' sick leave (on half pay) settled between Collective Bargaining Agent Union and Punjab Road Transport Board to be treated as sick leave on full pay‑Held, in circumstances, sixteen days' sick leave on half pay to be treated as sick leave on full pay.

Nazir Ahmad Naz for Appellant.

This is an appeal against the decision dated 27th August, 1977 of Punjab Labour Court No. 4, Faislabad.

2. Muhammad Akram, appellant joined service in Government Transport Service, Faisalabad on 18th March, 1975. He applied for medical leave from 19th January, 1976 to 27th February. 1976 which was granted to him without pay. On 28th February, 1976 when he reported for duty, he was not allowed to resume duty. He filed a petition under section 25‑A of Industrial Relations Ordinance, 1960 for reinstatement with back benefits before the Labour Court, while the petitioner was allowed to resume duty on 6th April, 1976. The Labour Court observed that since the ques tion of payment of back benefits had not been decided by the respondent, the appellant should again apply for that and when an adverse decision by the respondent was taken on the said question then lie could seek his remedy before the Labour Court. The petition was, accordingly, dismissed as pre mature vide order dated 14th April, 1976. Against that order, he filed an appeal before the Tribunal, which vide order dated 23rd June, 1976 accepted the same, set aside the order of the Labour Court and remanded the case back for adjudication as to whether the appellant was entitled to back bene fits and if so, from what date.

3. The learned Labour Court held that the appellant could have sixteen days medical leave on half pay and the remaining medical leave would be considered at having been granted without pay. It was further ordered that the appellant should be given full wages from 28th February,) 1976 to 5th April, 1976.

4. Aggrieved by the first part of the decision of the Labour Court Muhammad Akram, appellant has preferred this appeal.

5. The learned representative of the appellant contended that the appellant was entitled to sixteen days medical leave on full pay and not on half pay. In this connection it was contended that according to the settlement arrived at between the Collective Bargaining Agent Union and the Punjab Road Transport Board, sixteen days sick leave on half pay was to be treated as sixteen days sick leave on full pay and on the basis of that settlement the Punjab Road Transport Board in its 31st meeting held on 13th May, 1975 decided accordingly. The said decision was circulated vide No. 121‑NEC 11/75, dated 29th May, 1975. The photostat copy of that decision was produced and the representative of the respondent was satisfied that the said decision was correct.

6. In view of the above, I accept the appeal, modify the decision of the Labour Court in so far as sixteen days sick leave on half pay would be treated as sixteen days sick leave on full pay.

K. M. A. Appeal accepted.

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