| Case ID |
42308aad-6aad-47f1-98c2-cc4b0f23c5ae |
| Body |
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| Case Number |
LHR-415 of 1983 |
| Decision Date |
Jun 16, 1984 |
| Hearing Date |
Jun 10, 1984 |
| Decision |
The appeal was dismissed as the appellants, who were Chowkidars working as Tube-well Operators since 1978 without a written appointment order, could not claim the pay scale of Tube-well Operators. The court found no evidence that a right to the pay scale was guaranteed by any law, award, or settlement. The appellants' claim was deemed time-barred as they did not raise their grievance in a timely manner, and the conditions under which they worked did not support their claim for the pay scale. |
| Summary |
This case revolves around the rights of Chowkidars who were working as Tube-well Operators without a formal appointment. The Labour Appellate Tribunal examined whether the appellants had an enforceable right to the pay scale of Tube-well Operators. The court ruled that the absence of a written order and the lack of evidence supporting a guaranteed pay scale meant that the appellants could not claim such rights. The decision highlighted the importance of formal agreements in employment relations and the implications of working without clear terms. The case underscores the significance of adhering to procedural norms in labor disputes and the necessity of timely grievance filing, which can have a substantial impact on the outcome of similar cases in the future. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Mian Mahmood Hussain
|
| Petitioners |
Muhammad Basheer and 9 Others
|
| Respondents |
Secretary to Government of Punjab, Irrigation and Power Department and 2 Others
|
| Citations |
1985 SLD 2034,
1985 PLC 643
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|