| Case ID |
52b80c03-25db-4ca1-b108-3bac69a642b3 |
| Body |
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| Case Number |
Labour Appeal No.217 of 2005 |
| Decision Date |
Jul 13, 2006 |
| Hearing Date |
Jul 13, 2006 |
| Decision |
The appeal was accepted and the Labour Court's order was set aside. The grievance petition filed by the employee was dismissed. The court found that while the respondent was the senior-most employee, he did not possess the required educational qualification of matriculation for the promotion to Assistant Works Manager. The argument that junior employees who were under-matriculated were promoted did not justify the respondent's claim, as two wrongs do not make a right. The court emphasized that appointments must adhere to established rules and regulations. |
| Summary |
This case revolves around the promotion entitlement of an employee under the Industrial Relations Ordinance of 2002, specifically focusing on the requirements stated in the Recruitment of Staff and Promotion Rules, 1976. The employee, who was appointed as Foreman, claimed he was entitled to promotion as Assistant Works Manager. He argued that although he was under-matriculated, juniors were promoted without the requisite qualifications. The Lahore High Court ruled that promotions must be based on merit and qualifications, thereby dismissing the grievance petition. This case underscores the importance of adhering to legal and educational standards in employment promotions, reflecting ongoing discussions in labor law about equitable treatment and qualifications. The decision highlights the court's stance against arbitrary promotions and reinforces the principles governing labor relations and employee rights. The ruling serves as a precedent for future cases involving similar disputes over promotion eligibility and the necessity of compliance with established rules. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SYED HAMID ALI SHAH, J
|
| Lawyers |
Muhammad Iqbal Khokhar,
Muhammad Khalid Farooq
|
| Petitioners |
8 others,
MANAGING DIRECTOR PRTC
|
| Respondents |
MEHMOOD AHMAD
|
| Citations |
2007 SLD 1965,
2007 PLC 534
|
| Other Citations |
Dr. Muhammad Hussain v. Principal Ayub Medical College and another PLD 2003 SC 143,
Chandrigarh Administration v. Jagit Singh AIR 1995 SC 705
|
| Laws Involved |
Industrial Relations Ordinance, 2002
|
| Sections |
46,
48
|