| Case ID |
2ddf7d15-e7b5-4917-b374-93d605e4e862 |
| Body |
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| Case Number |
FD-71 of 1986 |
| Decision Date |
Jan 22, 1986 |
| Hearing Date |
Jan 19, 1986 |
| Decision |
The order dated 4-1-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad is declared illegal. The petitioner was promoted on 5-11-1981, and the order was not challenged by the respondents. The petitioner was reverted on 21-2-1983, and he challenged this order in the Labour Court without including the other respondents. His grievance was accepted, and his promotion was restored. However, the other respondents challenged the posting of the petitioner. The Labour Court's final order was not binding on the respondents as they were not parties to the original petition. The argument that the order of promotion had become final was dismissed as the promotion was vacated, leading to a fresh cause of grievance for the other employees. The revision was therefore dismissed without further proceedings. |
| Summary |
This case revolves around the Industrial Relations Ordinance of 1969, specifically focusing on Section 25-A, which deals with disputes between employers and employees. The pivotal issue was the reversion of a petitioner from a promotion that had been previously granted but later challenged by other employees. The Labour Court restored the petitioner's promotion, while the other workers argued that they were not included in the initial proceedings. The court ruled that since the other employees were not necessary parties at the time of the original decision, the subsequent challenge to the promotion was invalid. The ruling highlights the importance of proper party inclusion in labour disputes and the finality of decisions made without necessary parties present. Keywords include 'Industrial Relations Ordinance', 'Labour Court', 'promotion dispute', and 'employee rights'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Municipal Corporation, Faisalabad
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Muhammad Sharif
|
| Lawyers |
Nazir Ahmad Naz
|
| Petitioners |
Petitioner
|
| Respondents |
Municipal Corporation, Faisalabad,
Respondents Nos. 2 to 18
|
| Citations |
1986 SLD 2248,
1986 PLC 703
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A
|