| Case ID |
08a5cf8e-4f64-4044-8c33-eb0d559b2041 |
| Body |
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| Case Number |
FD-261 of 1992 |
| Decision Date |
Jun 04, 1998 |
| Hearing Date |
|
| Decision |
The appeal is directed against the decision dated 17-6-1992, rendered by Mr. Ghulam Sarwar Sheikh, learned Presiding Officer of the Labour Court, Faisalabad, which accepted the grievance petition filed by Shakeel Ahmad Shahid under section 25-A of the Industrial Relations Ordinance, 1969. The respondent had been employed by the F.D.A. as a Junior Clerk in place of Mr. Abdul Hamid Chohan, who was on sanctioned leave. The appointment was against a leave vacancy and stipulated that services would automatically terminate upon Mr. Chohan's return. The Labour Court's conclusion that the respondent had attained permanent status was incorrect. The appellate court vacated the Labour Court's decision, emphasizing the contractual nature of the employment and the clear conditions laid out in the appointment letter. |
| Summary |
In the case of Mian Ghulam Ahmad, Chairman of the Labour Appellate Tribunal, Punjab, the matter at hand revolved around the employment status of Shakeel Ahmad Shahid, a Junior Clerk at the Faisalabad Development Authority. Shakeel's employment was temporary, filling in for an employee on leave, and his appointment letter explicitly stated that his service would end upon the return of the original employee. The Labour Court had mistakenly classified him as a permanent employee, which led to the appeal. The Labour Appellate Tribunal ruled that the original conditions of employment were binding and upheld the termination of Shakeel's services, reinforcing the principle that temporary employees cannot claim permanent status without the necessary legal provisions being followed. This case underscores the importance of clear contractual agreements in employment law, especially regarding temporary employment and the rights of employees upon the conclusion of such contracts. The decision highlights the balance between employee rights and the legal frameworks governing employment relationships, serving as a critical reference point for future cases involving similar disputes. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Faisalabad Development Authority
|
| Judges |
Mian Ghulam Ahmad
|
| Lawyers |
Ali Akbar Qureshi,
Farooq Zaman Qureshi
|
| Petitioners |
The Director, Administration and Coordination, Faisalabad Development Authority, Faisalabad
|
| Respondents |
Shakeel Ahmad Shahid
|
| Citations |
1999 SLD 817,
1999 PLC 202
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25-A,
1(1),
12
|