| Case ID |
31b376ac-59f1-4b49-b01e-ece73154c62e |
| Body |
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| Case Number |
LHR-587 of 1986 |
| Decision Date |
Jan 24, 1987 |
| Hearing Date |
Jan 18, 1987 |
| Decision |
The appeal was dismissed with the observation that the respondent could only be reverted to the post of T.L. Muawin if a proper selection process was held for the post of Number-Taker. The Labour Court's decision to set aside the reversion order was upheld, indicating that the appellant had failed to demonstrate that the reversion was warranted without a selection process. The ruling emphasized the importance of due process in employment matters, particularly concerning promotions and reversion of posts. |
| Summary |
The Labour Appellate Tribunal, Punjab, in the case of LHR-587 of 1986, delivered a significant ruling regarding employee rights and procedural fairness in the context of industrial relations. The case involved Muhammad Aslam Naz, a railway workman who challenged his reversion from the post of Number-Taker back to T.L. Muawin. The Tribunal found that the respondent's reversion was unjustified as no proper selection process had been conducted for the Number-Taker position. The Tribunal ruled that the period spent in the wrong forum (Civil Court) was to be condoned under the Limitation Act, allowing the grievance petition to proceed. This decision underscores the necessity for employers to adhere to fair employment practices and maintain proper channels for grievance redressal. The ruling sets a precedent for similar cases, emphasizing the importance of procedural justice and the rights of employees in the workplace. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Ch. Khalilur Rehman,
Shah Mohammad
|
| Petitioners |
Muhammad Aslam Naz
|
| Respondents |
Chairman, Railway Board and another
|
| Citations |
1988 SLD 1447,
1988 PLC 992
|
| Other Citations |
1986 P L C 922
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Limitation Act (IX of 1908)
|
| Sections |
25-A,
38(3),
14,
29
|