| Case ID |
1ab885c1-9931-4c12-a1b8-b465b2c01dde |
| Body |
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| Case Number |
Revision Application NOXAR 122 of 1999 |
| Decision Date |
Apr 20, 2000 |
| Hearing Date |
Apr 17, 2000 |
| Decision |
The Labour Court had dismissed the application for determination of back benefits under section 51 of the Industrial Relations Ordinance, 1969, after considering the material on record. The applicant, Anwar Muhammad, had previously waived his right to back benefits in exchange for promotion. The court found that the waiver was made voluntarily, not under compulsion, and therefore the applicant could not reclaim the waived benefits. The Labour Appellate Tribunal upheld the Labour Court's decision, stating that there was no evidence of undue pressure on the applicant to waive his rights. The revision application was consequently dismissed. |
| Summary |
This case revolves around the Industrial Relations Ordinance, specifically sections 25 A and 51, focusing on grievance petitions and entitlement to back benefits for employees. The applicant, Anwar Muhammad, initially filed a grievance petition which was allowed, granting him seniority, promotion, and back benefits. However, during the appeal process, he voluntarily waived his claim to back benefits in exchange for his promotion. The court ruled that this waiver was made voluntarily and without compulsion, leading to the dismissal of his subsequent claim for back benefits after the promotion was granted. This case highlights the importance of understanding employee rights under labor laws, particularly when it comes to waiving rights for promotions. Legal professionals should note the implications of such waivers and the necessity for clear communication in labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
PAKISTAN RAILWAYS
|
| Judges |
MUNAWAR ALI KHAN, CHAIRMAN,
ANWAR MUHAMMAD
|
| Lawyers |
|
| Petitioners |
ANWAR MUHAMMAD
|
| Respondents |
PAKISTAN RAILWAYS through Divisional Superintendent, Karachi
|
| Citations |
2001 SLD 1559 = 2001 PLC 193
|
| Other Citations |
1994 PLC 1158
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25 A,
51
|