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Appeal No. LHR‑480 of 1981, decided on 31st January, 1983.

‑‑ Ss. 25‑A & 37‑Termination of service‑Grievance petition against‑Driving licence of driver of Road Transport Board suspended by Traffic Authorities‑Services terminated for that reason on date when suspension period expired‑Reinstatement in service with back benefits awarded by Labour Court, in circum stances, upheld by Appellate Tribuna

Rai Zahid Hussain for Appellant.

Asmat Kamal for Respondent.

Date of hearing : 24th January, 1983.

The facts giving rise to this appeal are that the licence of the respondent was suspended by the Superintendent Police on 12th February, 1977 for three years and since without a driving licence the respondent could not legally drive any vehicle, his services were terminated by the appellant on 18th February, 1980. The learned lower Court, vide impugned decision dated 30th July, 1981 directed the reinstatement of the respondent in service with back benefits and the said order has been challenged in this appeal.

2. Since the period of suspension of the driving licence of the respondent had come to an end on 11th February. 1980, the respondent could not be terminated on 18th February, 1980. On 12th February, 1980 the licence of the respondent stood restored and thus the respondent could legally drive the vehicles from the said date. The learned lower Court has rightly directed his reinstatement in service with back benefits.

3. As a result of the observations made above, I do not find any force in the appeal and dismiss it.

A. E. Appeal dismissed.

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