| Case ID |
1aaef9b7-6b2e-49cc-aaed-e3d6bffe0728 |
| Body |
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| Case Number |
SG-106 of 1988 |
| Decision Date |
Apr 03, 1988 |
| Hearing Date |
Apr 03, 1988 |
| Decision |
The appeal was accepted, and the decision of the Labour Court was set aside. The case was remanded for re-decision, allowing both parties the opportunity to present evidence regarding the seniority of the appellant. The Labour Court previously dismissed the grievance petition on the grounds that the appellant failed to establish seniority without giving him the chance to provide evidence. The parties were directed to appear before the Labour Court on April 13, 1988, to present any additional evidence they wished to submit. |
| Summary |
This case revolves around a dispute regarding promotion rights within the Municipal Corporation, Sargodha. The appellant, Maqsood, contested the promotion of Khalid Mahmood as Sanitary Supervisor, claiming he was not given a fair opportunity to prove his seniority. The Labour Court dismissed his grievance, citing lack of evidence proving he was the senior most. The Appellate Tribunal intervened, highlighting procedural unfairness, and remanded the case for re-evaluation. Key issues include the interpretation of seniority under the Industrial Relations Ordinance and the rights of employees for fair promotion practices. This case underscores the importance of procedural justice in employment matters, particularly in public sector promotions. The decision emphasizes the need for courts to ensure that all parties have the opportunity to present their cases fully, especially in matters affecting their employment rights. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Khalid Mahmood,
Municipal Corporation, Sargodha
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
H.R. Haider for Appellant,
Nemo for Respondents Nos. 1 and 2,
Muhammad Azam for Respondent No. 3
|
| Petitioners |
Maqsood
|
| Respondents |
,
Khalid Mahmood,
Municipal Corporation, Sargodha
|
| Citations |
1989 SLD 2507,
1989 PLC 946
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
36,
38(3)
|