Case ID |
38476da5-6f20-4d1c-b275-676ddf97061e |
Body |
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Case Number |
4B(284) of 2011 |
Decision Date |
Apr 14, 2020 |
Hearing Date |
Apr 10, 2020 |
Decision |
The petitioners, Zulfiqar Ali and Hazrat Muneer, contested the promotion of junior colleagues to the post of Security Supervisors, arguing that they were senior according to the established seniority list. However, the court found that the petitioners lacked the required Matric qualification for promotion to the Security Supervisor position, which was legally created and defined by the authority. The court emphasized the discretion of the authority to set promotion criteria and ultimately ruled that the petition had no merit and dismissed it, leaving the parties to bear their own costs. |
Summary |
In the case of Zulfiqar Ali and Hazrat Muneer vs. Capital Development Authority, the petitioners challenged the promotion of their junior colleagues to the position of Security Supervisors, arguing that they were unfairly overlooked despite their seniority. The National Industrial Relations Commission addressed the issue under the Industrial Relations Act, 2012, particularly focusing on Section 33, which deals with the redressal of individual grievances related to promotions. The court determined that the authority had established valid criteria for promotion, requiring a Matric qualification, which the petitioners did not possess. The court upheld the authority's discretion in determining promotion standards and concluded that the petitioners' claims were unfounded. This ruling underscores the importance of adhering to qualification standards set by the governing authority in employment matters, particularly in disputes involving promotion and seniority. The case highlights the legal framework governing industrial relations and the rights of employees in promotion matters, making it a significant reference for similar future disputes. |
Court |
National Industrial Relations Commission
|
Entities Involved |
CAPITAL DEVELOPMENT AUTHORITY
|
Judges |
NOOR ZAMAN, MEMBER
|
Lawyers |
Muhammad Farooq Iqbal Khan
|
Petitioners |
ZULFIQAR ALI,
HAZRAT MUNEER
|
Respondents |
CAPITAL DEVELOPMENT AUTHORITY
|
Citations |
2023 SLD 380,
2023 PLC 46
|
Other Citations |
Arif Hussain v. Federation of Pakistan 2020 PLC (C.S.) 204,
PLD 2015 SC 6
|
Laws Involved |
Industrial Relations Act, 2012
|
Sections |
33
|