| Case ID |
0010efec-7ff0-4efc-ac85-e5bac530680a |
| Body |
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| Case Number |
MN-392 of 1988 |
| Decision Date |
Aug 31, 1988 |
| Hearing Date |
Aug 30, 1988 |
| Decision |
The appeal was dismissed as the appellant did not have a right to confirmation against the post he officiated on an ad hoc basis. The court found that the appellant was appointed subject to selection by the competent authority and there was no evidence that he had been selected or that his posting had been approved. The court distinguished this case from a previous one where the promotion was not based on selection. The appellant's right to the post was not established as he failed to show any selection process took place during his service. |
| Summary |
This case revolves around an industrial dispute involving the confirmation of a railway employee who was officiating in a post on an ad hoc basis. The employee argued for his right to confirmation and seniority. However, the court found that there was no selection made for the position he held, and thus he had no right to confirmation. The ruling emphasized the importance of formal selection processes in employment and the distinction between ad hoc appointments and regular promotions. This case underscores the legal principles surrounding employment rights and selection criteria within public sector jobs, particularly in the context of labour law. The decision reinforces the necessity for employees to pursue formal selection avenues to secure their positions, particularly in environments with recruitment bans. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Divisional Superintendent, Pakistan Railways, Multan
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Sher Muhammad Gill
|
| Lawyers |
Muhammad Ahmad Bani,
Muhammad Iqbal Khan
|
| Petitioners |
Muhammad Ahmad Bani
|
| Respondents |
Muhammad Iqbal Khan
|
| Citations |
1989 SLD 2398,
1989 PLC 754
|
| Other Citations |
Division Superintendent, Pakistan Railways Multan v. Anwar-ul-Haq 1985 P L C 81
|
| Laws Involved |
Not available
|
| Sections |
Not available
|