| Case ID |
00b5e547-5a34-458c-9239-df52e39ae559 |
| Body |
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| Case Number |
LHR-51 of 1980 |
| Decision Date |
May 23, 1982 |
| Hearing Date |
May 02, 1982 |
| Decision |
The appeal was dismissed, affirming that Azhar Ali Mirza, as an employee of the West Pakistan Agricultural Development and Supplies Corporation, was entitled to be restored to his previous terms and conditions regarding seniority and promotion upon the dissolution of the corporation. The Presidential Order No. 5 of 1972 mandated that employees be transferred to new positions with the same rights they held previously. Since the appellant corporation failed to provide adequate justification for not restoring the respondent's seniority, the lower court's decision was upheld. |
| Summary |
This case revolves around the entitlements of employees of the West Pakistan Agricultural Development and Supplies Corporation following its dissolution via Presidential Order No. 5 of 1972. The court had to determine whether Azhar Ali Mirza, who was transferred and appointed under the new Punjab Agricultural Development and Supplies Corporation, was entitled to retain his previous terms of service, including seniority and promotion rights. The ruling emphasized the importance of adhering to the provisions outlined in the Presidential Order, which protected the rights of employees during the transition. The case highlights key legal principles regarding employee rights, corporate succession, and the obligations of successor entities. Keywords such as 'employee rights', 'corporate dissolution', 'seniority restoration', and 'legal entitlements' are vital for understanding this ruling's significance within labor law. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Agricultural Development and Supplies Corporation,
West Pakistan Agricultural Development and Supplies Corporation,
Labour Court No. 2, Lahore
|
| Judges |
Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Lt.-Col. (Retd.) Ismatullah,
Muhammad Zaman Qureshi
|
| Petitioners |
Punjab Agricultural Development and Supplies Corporation
|
| Respondents |
Respondents Nos. 2 to 7,
Azhar Ali Mirza
|
| Citations |
1985 SLD 2194,
1985 PLC 852
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Agricultural Development and Supplies Corporation (Dissolution) Order
|
| Sections |
5 of 1972
|