Legal Case Summary

Case Details
Case ID 44e65f08-7e75-450e-b7f8-f24942b79beb
Body View case body.
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