| Case ID |
3085eaf1-7939-4359-a47c-e3fccf463bfc |
| Body |
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| Case Number |
Writ Petition No. 3330 of 1982 |
| Decision Date |
Mar 20, 1983 |
| Hearing Date |
Mar 20, 1983 |
| Decision |
The Lahore High Court accepted the constitutional petition filed by the Railways, setting aside the order of the Labour Appellate Tribunal which had ruled in favor of the respondents, holding them as workmen. The court found that the Labour Appellate Tribunal failed to consider the necessary evidence and material on record, thus rendering its order unsustainable. The case was remanded back to the Tribunal for reconsideration, with a directive to resolve it within one and a half months. The court emphasized the importance of addressing the status of the employees in accordance with the provisions of the Industrial Relations Ordinance, particularly regarding their designation and wages. The court also declined to issue a stay order regarding official accommodations, allowing the respondents to seek relief from the Tribunal directly. |
| Summary |
The case revolves around the dispute between Pakistan Railways and its employees concerning their status as workmen under the Industrial Relations Ordinance of 1969. The Lahore High Court scrutinized the decision made by the Labour Appellate Tribunal, which had overturned a prior ruling by the Punjab Labour Court that maintained the employees' workman status. The High Court identified significant gaps in the Tribunal's reasoning, particularly its failure to adequately reference relevant documents and evidence. This led to the conclusion that the Tribunal's decision was arbitrary and lacked a solid legal foundation. The High Court's judgment underscores the necessity for proper adjudication based on established laws and evidence, aiming to ensure fair treatment of employees in the railway sector. This case highlights critical aspects of labor rights and the legal obligations of appellate bodies in Pakistan, making it a pivotal reference for future labor disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Railways,
Punjab Labour Court,
Labour Appellate Tribunal
|
| Judges |
FAZL-I-MAHMOOD, J
|
| Lawyers |
Muhammad Ismail Bhatti,
A.H. Najfi,
Muhammad Zaman Qureshi
|
| Petitioners |
THE GENERAL MANAGER, PAKISTAN RAILWAYS HEADQUARTERS OFFICE, LAHORE
|
| Respondents |
MUSHTAQ AHMAD
|
| Citations |
1987 SLD 1243,
1987 PLC 561
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
25-A,
38(3),
199
|