| Case ID |
1fd3c0b5-7a6a-473d-bb61-d216c5581fd3 |
| Body |
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| 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
|