| Case ID |
391a40b9-172c-4bfe-b069-db1914675c87 |
| Body |
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| Case Number |
SUK-64 of 1981 |
| Decision Date |
Sep 17, 1981 |
| Hearing Date |
Sep 17, 1981 |
| Decision |
The appeal was allowed, and the decision of the learned Labour Court was set aside. The appellant, who was wrongfully retrenched, was to be reinstated. The principle of 'last in first out' was violated as junior conductors were retained while the appellant's service was terminated. The respondent corporation was directed to pay 50% of the back benefits to the appellant due to a bona fide error in assuming the seniority of junior conductors. |
| Summary |
This case revolves around the retrenchment of an employee, Tahir Ali, who served as a conductor for the Sind Road Transport Corporation. The core issue was whether the termination of his services violated the 'last in first out' principle mandated under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The petitioner argued that junior conductors were retained while he was dismissed, which led to the appeal in the Labour Appellate Tribunal. The court ruled in favor of the appellant, emphasizing the importance of adhering to the principle of seniority based on the date of appointment rather than temporary promotions. The decision highlighted the necessity for corporations to follow legal guidelines during retrenchment processes to avoid wrongful terminations. The ruling also awarded the appellant 50% back benefits as a remedy for the wrongful assumption of seniority by the corporation, which was deemed a bona fide error. This case underscores the critical role of labor laws in protecting employees' rights and ensuring fair treatment in employment practices. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Sind Road Transport Corporation
|
| Judges |
Z. A. Channa
|
| Lawyers |
Nizamuddin Baloch,
Muhammad Ramzan Baloch
|
| Petitioners |
Tahir Ali
|
| Respondents |
Sind Road Transport Corporation
|
| Citations |
1982 SLD 1432,
1982 PLC 158
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
S. O. 13,
25-A,
37
|