| Case ID |
43c90a76-39fa-4a06-b424-0e5427f435ca |
| Body |
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| Case Number |
Civil Petition No. 23-R of 1990 |
| Decision Date |
Feb 18, 1990 |
| Hearing Date |
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| Decision |
The Supreme Court dismissed the petitioner's appeal regarding seniority determination after a transfer request. The petitioner had accepted the transfer order without grievance regarding seniority. The Court found no merit in the petition, leading to a refusal of leave to appeal. The decision emphasized that the transfer was made upon the petitioner’s request, and the terms of the transfer regarding seniority were clear and accepted by the petitioner. |
| Summary |
In this landmark case, the Supreme Court of Pakistan deliberated on the interpretation of seniority rights under the Constitution of Pakistan, particularly concerning the provisions of Art. 212(3). The petitioner, an employee of WAPDA, contested a seniority determination following a transfer he had requested. The Court examined the binding nature of the transfer order, which explicitly stated that seniority would be reckoned from the date of joining at the new office. The ruling underscored the importance of clear communication in employment contracts and the implications of accepting transfer conditions. This case serves as a crucial reference for employment law, particularly related to seniority disputes and employee rights during transfers, highlighting the balance between individual requests and organizational policies. Keywords: seniority rights, transfer order, employment law, Pakistan Supreme Court, constitutional provisions, WAPDA. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA
|
| Judges |
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
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| Petitioners |
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| Respondents |
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| Citations |
1991 SLD 996,
1991 SCMR 1526
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|