Section 7: Reinstatement of person released under the orders of the Board

7. Reinstatement of person released under the orders of the Board.___3[(1) Subject to the other provisions of this section, every employer by whom a person was released for any essential work or for service under the 4[Compulsory Service in the Armed Forces Ordinance, 1971 (XXXI of 1971)], in pursuance of an order or requisition of the Board or of a notice served under section 5[5] of the said Ordinance shall, on the termination of, or release from, such work or service, reinstate such person in his former employment from which he was released and, if such reinstatement is less favourable to such person than that to which he would, in the ordinary course, have been entitled, give him such employment as is not so less favourable: Provided that the employer shall not be required to so reinstate or employ any person if such person does not apply or report to him for the purpose within three months of the termination of, or release from, the essential work or such service.] (2) Where for any reason reinstatement or employment under sub­section (l) is not practicable, the employer shall, within seven days from the date on which the person to be reinstated or employed applies or reports himself for reinstatement or employment, make an application to the Tribunal for exemption from the provisions of sub‑section (1). 1 Subs. by the Control of Employment (Amdt.) Ordinance, 1984 (8 of 1984) s. 2 for full stop. 2 Proviso added ibid. 3 Subs. by the Control of Employment (Amdt.) Ordinance, 1969 (4 of 1969) s. 2 for sub, section (1) (w.e.f. 17­2­1969) i.e. the date on which the Ord. No. XXIV of 1965 has ceased to have effect under cl. 7 of Art. 30 of the Constitution. 4 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for certain words. 5 Subs. ibid., for “6” (3) Upon an application of the employer under sub‑section (2), the Tribunal shall, after such enquiry and hearing as it considers necessary, make an order either___ (a) exempting the employer from the provisions of sub‑section (l); in which case the employer shall be required to pay to such person a compensation of a sum not less than six months’ remuneration of the person calculated at the rate he was entitled to when he was released by the employer ; or (b) requiring the employer to reinstate or give employment to such person in the terms of sub‑section (1) or on such terms and conditions as it may specify in the order. (4) If any employer contravenes the provisions of sub‑section (1), or fails or neglects to carry out the order of the Tribunal under sub­section (3), he shall be guilty of an offence under this Ordinance and be punishable with fine which may extend to one thousand rupees and, if the Court by which he is convicted so directs shall also be liable to pay to the person with respect to whose reinstatement or employment he has been convicted such sum not exceeding six months’ remuneration of that person calculated at the rate he was entitled to when he was released as the Court may specify, in addition to pay compensation he is required to pay under clause (a) of sub‑section (3). (5) Any sum which the employer is required to pay under an order of the Tribunal under sub‑section (3) or an order of the Court under sub‑section (4), shall be recoverable as if it were a fine imposed by a Court.

Effective date: 1965-01-01

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