1404/2018 Const. P. Abdul Waheed (Petitioner) V/S M/s Movenpick Hotel KHI & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 29-APR-26
The authorities relied upon by the respondent are distinguishable on the facts. Those cases relate to situations where delay was unexplained, proceedings were not pursued bona fide, or dismissal orders were duly communicated. In the present case, the petitioner continuously pursued his remedy, the employer acted mala fide, and the dismissal order was never served. Hence, the cited precedents do not advance the respondent???s case. In view of the above, the objections raised by the respondent are legally unsustainable. The learned Labour Court rightly exercised jurisdiction, correctly appreciated evidence, and passed a lawful order of reinstatement with back benefits. The impugned modification by the Labour Appellate Tribunal, substituting reinstatement with compensation, is not supported by law and warrants interference. 9. In these circumstances, the learned Labour Court correctly ordered reinstatement with full back benefits, and the same reflects a proper exercise of jurisdiction in accordance with law and evidence. The impugned judgment of the learned Labour Appellate Tribunal, to the extent it denies reinstatement and substitutes it with compensation, suffers from legal infirmity and is set aside. 10. Consequently, both petitions are disposed of in the above terms.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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