| Case ID |
2dd74bf6-c134-4ef0-8fb0-20ed5d933245 |
| Body |
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| Case Number |
KAR-288 of 1994 |
| Decision Date |
Nov 10, 1994 |
| Hearing Date |
Oct 12, 1994 |
| Decision |
This appeal calls in question the order of the Labour Court No. V, Karachi whereby the petition filed under section 25-A, I.R.O. was allowed and the respondents were directed to promote the petitioner as 'Application Operation Officer in Grade-11 with retrospective effect from March, 1993'. The circumstances forming the background of this case succinctly stated are as follows: The petitioner was appointed as a Programmer in the Computer Division, on 18th of August, 1987. It appears that a vacancy occurred in the post of the Application Operation Officer, EDP Department, Finance Division and one Irfan Ahmed who was junior to him was promoted on 15-3-1993. The petitioner had made representations and as the same remained unheeded, after the service of grievance notice, he had filed the petition before the Labour Court. The Labour Court found that the petitioner was a workman and as he had received Certificates of Appreciation from superior officers including the Managing Director, there was no justification for his being superseded by his junior. The appeal culminated in the decision that the promotion of Irfan Ahmed Khan was beyond any challenge and the order of the Labour Court was set aside. |
| Summary |
The case revolves around an industrial dispute concerning the promotion of an employee from the position of Programmer to Application Operation Officer at the House Building Finance Corporation, Karachi. The appellant, who was senior to a co-worker, contested the promotion of the junior employee, Irfan Ahmed, based on a test conducted by a Chartered Accountants firm. The case highlights the importance of merit-based promotions as opposed to seniority alone, showcasing the criteria laid out in the corporation's regulations. The Labour Court initially ruled in favor of the appellant, directing the corporation to promote him. However, on appeal, the Labour Appellate Tribunal determined that the promotion of Irfan Ahmed was valid, based on his superior test performance, thereby emphasizing the meritocratic approach in corporate promotions. This case serves as a significant reference for understanding the legal framework surrounding employee promotions in Pakistan, especially regarding the balance between seniority and merit in the workplace. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
HOUSE BUILDING FINANCE CORPORATION, KARACHI
|
| Judges |
AGHA ALI HAIDER
|
| Lawyers |
M. Aslam Butt,
Abdul Majeed
|
| Petitioners |
|
| Respondents |
HOUSE BUILDING FINANCE CORPORATION, KARACHI
|
| Citations |
1995 SLD 1074,
1995 PLC 111
|
| Other Citations |
Not available
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| Laws Involved |
Not available
|
| Sections |
Not available
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