Legal Case Summary

Case Details
Case ID 1fd3c0b5-7a6a-473d-bb61-d216c5581fd3
Body View case body.
Case Number LHR-378 of 1988
Decision Date Jul 18, 1988
Hearing Date Jul 16, 1988
Decision The appeal was dismissed, and the order of reinstatement of the worker was maintained. The court found that the respondent had been wrongfully terminated after being employed as a badli conductor for three years and that there was no evidence to support the claim of abolishment of the conductor post. The court also upheld the decision regarding back benefits, stating that the worker's claim of being jobless during the termination period was credible as he was not cross-examined on this point, nor was any evidence produced to rebut his claim. Hence, the back benefits were justly awarded.
Summary In the case of LHR-378 of 1988, the Labour Appellate Tribunal of Punjab dealt with an appeal regarding the wrongful termination of an employee, Muhammad Aslam, who had served as a badli conductor for three years. The tribunal found that the termination lacked justification as the employer failed to provide evidence that the position was abolished or that Aslam was the junior-most employee. The court also ruled in favor of back benefits, as Aslam had stated on oath that he was jobless during the period of termination, and no evidence was presented to dispute this claim. This case highlights important aspects of employment law, particularly regarding wrongful termination and the rights of workers to back benefits when wrongfully dismissed.
Court Labour Appellate Tribunal, Punjab
Entities Involved Punjab Road Transport Corporation
Judges Sardar Muhammad Abdul Ghafoor Khan Lodhi
Lawyers Hamid Mukhtar, Asmat Kamal
Petitioners District Manager, Punjab Road Transport Corporation, Lahore
Respondents Muhammad Aslam
Citations 1989 SLD 2165, 1989 PLC 414
Other Citations Not available
Laws Involved Industrial Relations Ordinance (XXII of 1969), Industrial Relations Ordinance (XXIII of 1969)
Sections 25-A, 25-A