| Case ID |
52ab7141-ca28-4838-85ad-503db2711af1 |
| Body |
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| Case Number |
FD-639 of 1981 |
| Decision Date |
Feb 22, 1982 |
| Hearing Date |
|
| Decision |
The appellant, previously a Gangman, was deemed unfit for the B-1 position due to a vision test, yet found fit for a C-II role. He was approved for the post of Gang Cooly but was not posted due to a vacancy. A Mali Cooly position became available, but it was filled by another individual who had no prior rights to the position. The Tribunal ruled that the appellant had the right to be posted to the Mali Cooly position, emphasizing that if a vacancy exists, incapacitated workers must be considered for it. Thus, the appeal was accepted, directing the appellant to be posted to the Mali Cooly position and ensuring the temporary appointee was accommodated appropriately. |
| Summary |
The case involves an industrial dispute regarding the posting of an incapacitated worker, Sardar Masih, who was not absorbed into a suitable position due to a lack of vacancy. After being found fit for a lower-level position, he was denied the opportunity to fill a vacant Mali Cooly role, which was instead filled by an individual with no prior claim. The Labour Appellate Tribunal determined that the appellant had a right to the position, highlighting the importance of fair employment practices for incapacitated workers under the Industrial Relations Ordinance. This decision underscores the need for transparent hiring processes and the protection of workers' rights in industrial disputes, ensuring that all workers, regardless of their physical capabilities, have access to available positions. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Muhammad Anwar Lodhi,
Muhammad Sharif
|
| Petitioners |
SARDAR MASIH
|
| Respondents |
ASSISTANT ENGINEER NO. 6, PAKISTAN RAILWAYS FAISALABAD
|
| Citations |
1985 SLD 2179,
1985 PLC 819
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
38(3)
|