| Case ID |
15ad336d-49b4-4251-b209-7c18d3067b9f |
| Body |
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| Case Number |
Revision No. LHR 145 of 1989/Pb |
| Decision Date |
Oct 10, 1989 |
| Hearing Date |
Oct 07, 1989 |
| Decision |
The revision is accepted, and the impugned stay order is set aside. The application of respondent No. 4 for the issuance of a stay order is disallowed. The court found that the promotion of the petitioner was justified in the absence of a stay order, and since the petitioner had been promoted while the respondent was demoted, the main petition became infructuous. The Labour Court's stay order was determined to be without jurisdiction and legally ineffective. |
| Summary |
In the case of Sardar Muhammad Abdul Ghafoor Khan Lodhi vs. General Manager, Pakistan Railways, the Labour Appellate Tribunal addressed a grievance petition concerning promotion disputes under the Industrial Relations Ordinance, 1969. The case involved the interpretation of sections 25A and 38(3), focusing on the legal implications of promotion and demotion among employees. The court highlighted that the absence of a valid stay order rendered the petitioner's main grievance infructuous, thus emphasizing the necessity of adhering to procedural norms in workplace disputes. This case underscores the importance of proper legal representation and the need for clarity in promotion policies within organizations. It serves as a critical reference for similar cases concerning employment rights and the authority of Labour Courts in Pakistan. Keywords: Industrial Relations, Labour Court, Promotion Rights, Employment Disputes, Legal Representation. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
M. Zaman Qureshi,
Ch. Bashir Ahmad,
Sh. Saeed Ahmad
|
| Petitioners |
Muhammad Asghar
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
General Manager, Pakistan Railways, Lahore
|
| Citations |
1990 SLD 231,
1990 PLC 704
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, (XXIII of 1969)
|
| Sections |
25A,
38(3)
|