| Case ID |
44e65f08-7e75-450e-b7f8-f24942b79beb |
| Body |
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| Case Number |
KAR-249 and 250 of 1981 |
| Decision Date |
May 28, 1981 |
| Hearing Date |
May 28, 1981 |
| Decision |
The Labour Appellate Tribunal dismissed the appeals of Nasim Ahmed Siddiqui and Javed Aslam, stating that there was no enforceable right for retrospective appointment as Technical Assistants following their completion of training. The Tribunal upheld that the management retains the discretion to determine effective dates for appointments based on available vacancies, as guaranteed by the terms of the training scheme. The appellants had accepted a revised training scheme with no assurance of immediate employment, thus their grievance for retroactive appointment was not substantiated. |
| Summary |
In the case of Nasim Ahmed Siddiqui and Javed Aslam vs. Messrs Pakistan Machine Tool Factory Ltd., the Labour Appellate Tribunal of Sindh addressed the appeals concerning the enforcement of rights under the Industrial Relations Ordinance, focusing on the training scheme provided by the factory. The appellants completed their training but sought retroactive appointments, which the Tribunal found unenforceable. The decision emphasized the management's prerogative in appointment matters and clarified that successful completion of training does not guarantee immediate employment. This case highlights critical aspects of employment law and the rights of trainees under industrial agreements, reinforcing the importance of clear communication regarding employment conditions and management rights. Key terms include 'Industrial Relations Ordinance', 'employment law', 'training scheme', and 'management prerogative'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Machine Tool Factory Ltd.
|
| Judges |
Z. A. Channa
|
| Lawyers |
M. M. Jeelani
|
| Petitioners |
Nasim Ahmed Siddiqui,
Javed Aslam
|
| Respondents |
Messrs Pakistan Machine Tool Factory Ltd., Karachi
|
| Citations |
1982 SLD 1461,
1982 PLC 264
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|