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Appeal No. QSA‑274 of 1982; Pb., decided on 9th August, 1982.
‑--S. O. 15‑Back benefits refused on reinstatement in service‑Em ployee entitled to back benefits where charges do not amount to mis conduct‑Proof of not being gainfully employed elsewhere also necessary.
Mian Mahmood Hussain for Appellant.
Date of hearing: 22nd June, 1982.
This appeal arises from the decision, dated 18th April, 1982 passed by the Punjab Labour Court No. 3, Ferozewala whereby the grievance petition of the appellant was accepted and he was directed to be reinstated but back benefits were not allowed. In the present appeal the appellant claims back benefits. The ground given by the Labour Court for not allowing the back benefits is that the appellant has succeeded on technical grounds. The learned counsel for the appellant has argued that since no charge‑sheet was given nor enquiry was held, it was wrong on the part of the Labour Court to say that only on technical grounds the appellant was reinstated. In cases where the charges do not amount to misconduct, the employee concern is entitled to back benefits. In cases where no charge‑sheet is given and enquiry is not held it cannot be said that in all probabilities the employee concern is to be reinstated. If he is charge‑sheeted and enquiry is held the possibility cannot be excluded that the charges may be proved against him and the order of dismissal or termination may be justified. The other thin is that the employee who claims back benefits for the period which he re mained out of service should prove that during the said period he did not remain gainfully employed anywhere else. In the present case the appellant has not stated in his statement that he did not remain gainfully employee anywhere else during the period for which he claims back benefits. There fore, he is not entitled to back benefits. There is no force in the appeal, which is dismissed in limine.
M. I.
Appeal dismissed.
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