| Case ID |
028988d5-7406-4410-a7d4-cdc9c7766447 |
| Body |
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| Case Number |
Writ Petition No. 4719 of 1987 |
| Decision Date |
Dec 12, 1988 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the Labour Appellate Tribunal's decision, which had remanded the case back to the Labour Court for a fresh decision on the merits of the employee's grievance. The court found that the employee was still covered under the provisions of the Industrial Relations Ordinance, as the transfer to the Pakistan Railways Police was not automatic and required a formal notification, which had not been produced. The dismissal order was set aside, and the employee was to be reinstated, emphasizing the importance of procedural correctness in transfer and dismissal cases. |
| Summary |
This case revolves around the dismissal of Anwar Shah, a Watchman with Pakistan Railways, who challenged his dismissal under the Industrial Relations Ordinance, 1969. The Lahore High Court's decision highlights the procedural requirements for transferring employees to different branches of service, specifically under the Pakistan Railways Police Act, 1977. The court found that without a formal notification of transfer, the grievance procedure under the Industrial Relations Ordinance remained applicable to Shah. The ruling reinforces the standards for employer-employee relationships and the necessity for formal processes in public service dismissals. This case is significant for labor rights advocates and legal professionals dealing with employment law, particularly within the context of public sector employment and the oversight of dismissal procedures. Keywords include dismissal, grievance procedure, labor rights, public service employment, and procedural correctness. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Railways,
Pakistan Railway Police
|
| Judges |
KHALIL-UR-REHMUN KHAN, J
|
| Lawyers |
Muhammad Yawar Ali Khan for Petitioner,
Wasim Ahmad Bokhari for Respondent No. 3
|
| Petitioners |
CHAIRMAN, PAKISTAN RAILWAYS
|
| Respondents |
,
PUNJAB LABOUR COURT
|
| Citations |
1989 SLD 1259,
1989 PLC 336
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Pakistan Railways Police Act, 1977,
Constitution of Pakistan, 1973
|
| Sections |
25-A,
1,
5,
6,
19,
199
|