| Case ID |
2bec5d8f-c0e2-4231-9947-7f98ef09fb9d |
| Body |
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| Case Number |
Revision No. LHR-145 of 1989 |
| Decision Date |
Oct 10, 1989 |
| Hearing Date |
|
| Decision |
The revision is accepted and the stay order issued by the Punjab Labour Court No. 2, Lahore, dated April 8, 1989, is set aside. The application for the issuance of a stay order by respondent No. 4 is disallowed. The Labour Court's stay order was deemed to be without jurisdiction and ineffective. The case highlighted the issue of seniority between the petitioner and respondent No. 4, where the latter was demoted during the grievance petition process while the petitioner was promoted. In the absence of a stay order, the promotion of the petitioner was justified, rendering respondent No. 4's main petition infructuous. Respondent No. 4 should have filed a fresh petition challenging the decision of seniority and promotion. The court clarified that the promotion and demotion decisions made by the Railway Authorities were valid under the circumstances, and respondent No. 4 lacked a prima facie case for the stay order. |
| Summary |
This case revolves around the promotion and demotion of employees under the Industrial Relations Ordinance, 1969. The Labour Appellate Tribunal of Punjab dealt with a grievance petition filed by respondent No. 4, who claimed seniority over the petitioner. The Tribunal concluded that the promotion of the petitioner was valid as there was no stay order in place at the time of the promotion. The case emphasizes the importance of proper legal procedures and the necessity of obtaining stay orders when disputes arise regarding promotions and demotions in the workplace. It serves as a critical reference for understanding employee rights and the legal frameworks governing labor relations in Pakistan. Key phrases include 'Industrial Relations Ordinance', 'promotion disputes', and 'legal jurisdiction', making the case relevant for labor law practitioners and HR professionals. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
M. Zaman Qureshi,
Ch. Bashir Ahmad,
Sh. Saeed Ahmad
|
| Petitioners |
Muhammad Asghar
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
General Manager, Pakistan Railways, Lahore
|
| Citations |
1990 SLD 1525,
1990 PLC 704
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
38(3)
|