| Case ID |
00025b8c-cae4-4a1e-ad25-ccea3fb93939 |
| Body |
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| Case Number |
LHR-219 of 1987 |
| Decision Date |
Aug 04, 1987 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the Labour Court had justified the setting aside of the reversion order. The court found that the promotion of the respondent as Ticket Examiner was made in violation of a government ban on promotions. However, it was established that the ban was not consistently enforced, leading to the conclusion that the respondent had a vested right to the promotion, which could not be revoked without valid reasons. The court emphasized that the ban had lost its legal force due to the inconsistent application of the rules and the actions taken under the ministerial orders. |
| Summary |
This case, decided by the Labour Appellate Tribunal, Punjab, revolved around the issue of promotion and reversion under the Industrial Relations Ordinance (XXIII of 1969). The respondent, Muhammad Sham, was promoted to Ticket Examiner but was later reverted due to an alleged violation of a government-imposed ban on promotions. The court found that the ban was not uniformly enforced, thus undermining its legal validity. The decision underscores the importance of fair treatment of employees and the obligations of employers to adhere to their own policies. This case is significant for understanding employee rights and the legal implications of promotion and reversion in the context of labor law. Keywords include 'Industrial Relations Ordinance', 'employee rights', 'promotion and reversion', and 'Labour Appellate Tribunal'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Road Transport Corporation
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Mohammad Saleem Khan,
Asmat Kamal
|
| Petitioners |
Punjab Road Transport Corporation
|
| Respondents |
Muhammad Sham
|
| Citations |
1989 SLD 1191,
1989 PLC 267
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|