| Case ID |
238969ab-90b6-4e1c-b160-860a4e754aca |
| Body |
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| Case Number |
Case No. 95 of 1982 |
| Decision Date |
Aug 18, 1982 |
| Hearing Date |
|
| Decision |
The appeal of Abid Hussain, a Heavy Vehicle Driver in the Food Department, was dismissed in limine due to lack of merit. The court ruled that the appellant's services were lawfully terminated in 1980 due to departmental downsizing. His subsequent reappointment in 1981 was on a temporary basis, which did not warrant the recognition of continuity of service. The court found no grievance or injustice in the termination and the reappointment process, affirming the decision of the lower authority. |
| Summary |
The case revolves around Abid Hussain, a Heavy Vehicle Driver, who appealed against the termination of his services due to departmental downsizing in 1980. Despite being reappointed in 1981, he sought to have his service recognized as continuous. The Punjab Service Tribunal examined the legality of his termination and subsequent reappointment under the Punjab Service Tribunals Act, 1974. The judgment highlighted the importance of departmental policies during restructurings while balancing employee rights. The decision emphasized that the appellant's reemployment did not equate to a continuous service claim, leading to the dismissal of his appeal. This case underscores the legal complexities surrounding employment continuity and retrenchment in public service sectors, which is crucial for both employees and governmental bodies. The ruling clarifies the application of labor laws in scenarios of workforce reduction, providing guidance on similar future cases. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Malik Zawar Hussain,
Abdul Hamid Chaudhry
|
| Lawyers |
Ch. Mushtaq Masood
|
| Petitioners |
Abid Hussain
|
| Respondents |
Director of Food, Punjab,
Secretary, Government of the Punjab, Food Department
|
| Citations |
1983 SLD 1431,
1983 PLC 291
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act, 1974
|
| Sections |
4
|