| Case ID |
463f3e50-39c3-456d-9503-8c722f31c646 |
| Body |
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| Case Number |
Appeal No. 205 of 1985 |
| Decision Date |
Apr 06, 1986 |
| Hearing Date |
Apr 06, 1986 |
| Decision |
The appeal was allowed, and the order passed by the Labour Court No.VI at Hyderabad dated 23rd May, 1985 was set aside. The Tribunal found that the promotion of Noor Hussain was not a right that could be agitated in a grievance petition as it was a stop-gap arrangement. The Tribunal clarified that promotion could involve reversion at any time if the worker did not meet the necessary standards for the promoted position. The decision emphasized that the right to file a grievance petition under section 25-A of the I.R.O. only applies when there is a grievance regarding a right guaranteed by law. |
| Summary |
In the case of FAUJI SUGAR MILLS Ltd. vs NOOR HUSSAIN, the Labour Appellate Tribunal, Sindh, addressed the issue of promotion rights under the Industrial Relations Ordinance, 1969. The Tribunal ruled that the promotion of Noor Hussain was a stop-gap arrangement and not a guaranteed right under section 25-A of the I.R.O. The decision clarified the conditions under which a grievance petition could be filed, emphasizing that promotions could be reversed if the employee did not meet performance expectations. This case highlights the legal nuances of employment rights and the interpretation of labor laws, providing clarity on the rights of workers in promotional scenarios. The ruling serves as an important precedent in labor law, clarifying that the management retains the authority to revert promotions based on performance assessments, thereby reinforcing the need for workers to understand their rights and the conditions under which they can contest grievances. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Raees Mushtaq Ahmed
|
| Petitioners |
FAUJI SUGAR MILLS Ltd.
|
| Respondents |
NOOR HUSSAIN
|
| Citations |
1987 SLD 1081,
1987 PLC 237
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|