CHIEF ENGINEER, GUJRANWALA ELECTRIC POWER COMPANY (GEPCO), GUJRANWALA vs KHALID MEHMOOD S — 2023 PLC 65 SUPREME-COURT

Case information

Citation: 2023 PLC 65 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: CHIEF ENGINEER, GUJRANWALA ELECTRIC POWER COMPANY (GEPCO), GUJRANWALA vs KHALID MEHMOOD S
Subject matter: Service
Provisions referred to: S. 42---P

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHIEF ENGINEER, GUJRANWALA ELECTRIC POWER COMPANY (GEPCO), GUJRANWALA VS KHALID MEHMOOD S. 42---Penalty imposed by department challenged by employee before the Labour Court---Acceptance of dues by employee---Whether employee estopped from challenging dismissal after accepting dues---Held, that mere acceptance of legal dues by an employee does not amount to waiver so as to estop him from challenging the order of dismissal---Such remedy cannot be denied to him if the charge of misconduct has not been established---In case order of termination is held to be mala fide or the charge of misconduct has not been proved, the payment of entire dues will not disentitle an employee to seek further relief of reinstatement from the Court---Cannot be accepted as a rule in each and every case that receipt of dues would debar an employee from approaching the Labour Court for the redress of his grievance, as it is always a question of fact to be determined on the basis of record whether an employee has accepted his termination and severed his relationship with the employer.

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