Legal Case Summary

Case Details
Case ID 31bb59d3-62cd-4e32-a107-0dee45637197
Body View case body.
Case Number MN-223 of 1988-Pb
Decision Date Jul 10, 1988
Hearing Date Jul 19, 1988
Decision The appeal was accepted, and the decision of the learned lower court was set aside. The grievance petition of the respondents was dismissed. The lower court's ruling allowing calendar day weekly rest to the respondents was found to be unsupported by the relevant law, specifically Rule 71 of the Personnel Manual. The court highlighted that the respondents were continuous workers entitled to 24 consecutive hours of rest in a week, but the claim for calendar day rest was not legally substantiated. The decision emphasized that without clear legal provisions supporting the claim, the earlier ruling could not stand.
Summary The case involves the Labour Appellate Tribunal of Punjab, addressing an appeal regarding the grievance petition filed by continuous workers of Pakistan Railways. The primary issue was the claim for calendar day weekly rest as opposed to the 24 consecutive hours already provided. The court examined the Industrial Relations Ordinance and the Personnel Manual, ruling that the lower court's decision lacked legal backing. The appeal was ultimately accepted, reaffirming the existing provisions for rest periods under the law. This case highlights the importance of understanding employment regulations and the need for clear legal foundations when making claims about worker rights.
Court Labour Appellate Tribunal, Punjab
Entities Involved Not available
Judges Sardar Muhammad Abdul Ghafoor Khan Lodhi
Lawyers Saifullah Khan, Syed Ibrar Hussain
Petitioners Divisional Superintendent, Pakistan Railways Muliar Division, Multan
Respondents others, Muhammad Aslam
Citations 1989 SLD 1288, 1989 PLC 377
Other Citations Not available
Laws Involved Industrial Relations Ordinance, Personnel Manual (Hours of Employment Rules and Regulations)
Sections 25-A, Chapter III, Rule 71