| Case ID |
4390dcd9-f5d2-4881-a443-e8b6dad2d2d6 |
| Body |
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| Case Number |
KAR-367 of 1982 |
| Decision Date |
Sep 27, 1982 |
| Hearing Date |
Sep 27, 1982 |
| Decision |
The appeal was dismissed as the reversion of the appellant from the post of Traffic Assistant to his substantive position as a bus conductor was found not to infringe upon any vested rights. The court upheld that the conditions of probation were clear, and the appellant's performance was deemed unsatisfactory. The court clarified that reversion during probation does not equate to a reduction in rank unless it is due to misconduct. The appeal emphasized the distinction between a probationary appointment and a permanent position, noting that the appellant had no entitlement to a show-cause notice prior to reversion under the circumstances. |
| Summary |
This case revolves around the reversion of a worker, who was promoted to a higher post on a probationary basis, back to his original position due to unsatisfactory performance. The Labour Appellate Tribunal clarified that such a reversion does not constitute a reduction in rank, as the employee was informed of the probationary terms at the time of promotion. The case highlights the legal principles associated with probationary employment, including the lack of entitlement to a show-cause notice when reverting due to performance issues. The ruling reinforces the importance of adhering to the conditions of probation and the discretion exercised by employers in evaluating performance during such periods. This decision is significant for labor law as it delineates the rights of employees under probation and the authority of employers in making employment decisions based on performance metrics. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Z. A. CHANNA,
ABDUL MAJEED
|
| Lawyers |
Ch. Rasheed Ahmed
|
| Petitioners |
KARACHI TRANSPORT CORPORATION
|
| Respondents |
4 OTHERS
|
| Citations |
1983 SLD 1596,
1983 PLC 557
|
| Other Citations |
Muhammad Siddique Javed v. Government of West Pakistan P L D 1974 S C 393,
West Pakistan Province v. Bashir Ahmed Qureishi P L D 1959 S C 93,
East Pakistan Railway, Chittagong v. Abdul Majid Sardar P L D 1966 S C 725
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|