| Case ID |
030a1d40-85cd-4c59-93bf-5c78e85540b5 |
| Body |
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| Case Number |
Writ Petition No. 4449 of 1979 |
| Decision Date |
Oct 25, 1982 |
| Hearing Date |
Oct 25, 1982 |
| Decision |
The Lahore High Court upheld the decision of the Labour Court and the Labour Appellate Tribunal, which had determined that the respondents, who were working as Junior Booking Clerks, were entitled to the pay scale of Reservation Clerks after working in that capacity for eight years. The court found that the failure to create a formal post for the Reservation Clerk did not absolve the employer from the obligation to pay the appropriate salary for the work performed. The court rejected the contention that the respondents were not workers under the Industrial Relations Ordinance, affirming their status as workers entitled to relief. The judgment emphasized that payment must be made for work done, aligning with principles of justice and fairness in labor relations. |
| Summary |
In the case of Writ Petition No. 4449 of 1979 at the Lahore High Court, the court addressed an industrial dispute involving the payment rights of Junior Booking Clerks at Pakistan Railways. The petitioners claimed that they had been performing the duties of Reservation Clerks for an extended period without receiving the corresponding salary. The court ruled that despite the lack of formal recognition of the Reservation Clerk posts, the employees were entitled to salaries reflecting their actual work. The decision highlighted the importance of fair compensation for labor and the legal protections available under the Industrial Relations Ordinance. This case serves as a significant reference for labor rights and the obligations of employers to ensure equitable treatment of workers, affirming that all workers, regardless of their formal titles, are entitled to compensation for their contributions to the organization. The ruling reinforced the notion that the failure of an employer to follow administrative procedures does not negate the rights of employees to receive fair wages. This case is pivotal in understanding the intersection of labor law and workers' rights in Pakistan, ensuring that those who perform work are justly compensated, which is a fundamental principle of labor relations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM, J
|
| Lawyers |
Ch. Nazir Hussain
|
| Petitioners |
DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, MULTAN
|
| Respondents |
3 OTHERS,
PUNJAB LABOUR APPELLATE TRIBUNAL
|
| Citations |
1983 SLD 1313 = 1983 PLC 103
|
| Other Citations |
Mufti Mushtaq Ahmad v. The Federation of Pakistan P L D 1981 S C 172,
P L D 1970 S C 292,
P L D 1974 S C 100,
Shahzar Khan v. Sind Labour Court No. 4, Karachi 1977 S C M R 103,
Postmaster General and another v. Muhammad Hashim P L D 1978 S C 61,
Islamic Republic of Pakistan v. Kazi Abdul Karim, Deputy Accountant etc. 1979 S C M R 289
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
199,
25-A,
38
|