| Case ID |
22cf0f12-6e4d-435a-9ec3-d9597c2ae375 |
| Body |
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| Case Number |
LHR-331 and 354 to 377 of 1983 |
| Decision Date |
Dec 20, 1983 |
| Hearing Date |
Dec 10, 1983 |
| Decision |
The Labour Appellate Tribunal accepted the appeals regarding the grievances of the respondents, emphasizing that the actions taken under M.L.O. 58 could not be challenged in the courts. The Tribunal found that the Board of Directors of the Punjab Urban Transport Corporation had not fully implemented the suggestions of the Federal Inspection Committee, particularly regarding the engagement of Magistrates for bus checking. The Tribunal set aside the Labour Court's decision and remanded the cases for further examination on whether the rule of 'first come last go' had been adhered to, highlighting that the existing laws provided a framework for such employment decisions. The Tribunal clarified that the abolition of posts exceeding 80% could be contested, and the validity of actions taken under M.L.O. 58 was central to the case. |
| Summary |
The case involves the Punjab Urban Transport Corporation and the termination of posts for Senior Ticket Examiners and Ticket Examiners as per the recommendations of the Federal Inspection Committee. The Labour Appellate Tribunal evaluated the legality of these terminations under the Industrial Relations Ordinance and the Standing Orders Ordinance. The Tribunal found that the recommendations made by the Federal Inspection Committee were partially implemented, and the actions could not be challenged under M.L.O. 58. The Tribunal emphasized the need for adherence to the first come last go rule in retrenchments and remanded the case for further examination of these issues. This case is significant in understanding the jurisdiction of courts in matters involving governmental directives and labor rights, highlighting the legal framework governing industrial relations in Pakistan. Relevant keywords include 'industrial relations', 'M.L.O. 58', 'Punjab Urban Transport Corporation', 'Labour Appellate Tribunal', and 'employment law'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Federal Inspection Committee,
Chief Martial Law Administrator
|
| Judges |
Sardar Muhammad Abdul Ghfoor Khan Lodhi
|
| Lawyers |
Zia Mahmood Mirza,
Asghar Mahmood,
Muhammad Zaman Qureshi,
Yousaf Hussain Dilawari,
Nazir Ahmad Naz
|
| Petitioners |
Punjab Urban Transport Corporation
|
| Respondents |
Others,
Qurban Ali
|
| Citations |
1989 SLD 2394,
1989 PLC 750
|
| Other Citations |
P L D 1982 Kar. 188
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25-A,
38(3),
37,
S.O. 13
|