| Case ID |
22c8c6ef-8330-4c4e-ad62-501283301bd9 |
| Body |
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| Case Number |
L.H. R-341 of 1986 |
| Decision Date |
Jul 06, 1988 |
| Hearing Date |
|
| Decision |
The appeal, which stems from a decision made by the Punjab Labour Court No.3, Lahore, directed the respondent to be compensated for the salary and allowances during the period of suspension due to a pending criminal case. The Labour Appellate Tribunal upheld the Labour Court's decision, maintaining that since the respondent was allowed to continue in service past the age of superannuation without being formally retired, he was entitled to wages for that period. The argument that the respondent should not receive wages due to his suspension was dismissed as the employer did not retire him intentionally. The Tribunal found no merit in the appeal and ultimately dismissed it. |
| Summary |
This case revolves around the rights of a railway employee who faced suspension due to a criminal trial while nearing retirement age. The Labour Appellate Tribunal examined the circumstances of the employee's suspension and the implications of his continued service past the superannuation age. The Tribunal emphasized the importance of fair compensation for employees even when legal issues arise, underlining the need for employers to address retirement formally. The case highlights critical aspects of labor law, particularly regarding employee rights, suspension, and the intersection of criminal proceedings and employment status. Key terms include 'industrial dispute', 'wages', 'superannuation', and 'suspension'. This case serves as a precedent for similar disputes and reinforces the protections afforded to employees under the Industrial Regulations Ordinance. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways,
Labour Court
|
| Judges |
Sardar Muhammad Abdul Ghafoor Lodhi
|
| Lawyers |
Abdul Majeed Sundhu,
H.R. Haider
|
| Petitioners |
Divisional Superintendent, Pakistan Railways, Lahore,
Other Appellants
|
| Respondents |
Shah Nawaz Khan
|
| Citations |
1989 SLD 1295,
1989 PLC 373
|
| Other Citations |
1985 P L C 1053
|
| Laws Involved |
Industrial Regulations Ordinance
|
| Sections |
25-A,
38(3)
|