| Case ID |
67ecd4fc-579d-4cb1-9442-7f62f5f1ab79 |
| Body |
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| Case Number |
Writ Petition No. 4719 of 1987 |
| Decision Date |
Dec 12, 1988 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by the petitioners. The court held that the respondent, Anwar Shah, a member of the Railway Watch and Ward, was dismissed from service but had the right to invoke the provisions of the Industrial Relations Ordinance, 1969. The court noted that the jurisdiction of the Labour Court was not barred, and emphasized that the transfer of the Watch and Ward members to the Pakistan Railways Police had not been duly notified by the Federal Government as required under Section 5 of the Pakistan Railways Police Act, 1977. The court concluded that the petitioners failed to establish that the respondent was not entitled to invoke the grievance procedure. Additionally, the petitioners were estopped from challenging the order due to their acquiescence and laches, leading to a dismissal of their petition. |
| Summary |
This case involves a legal dispute regarding the dismissal of Anwar Shah, a Watchman employed by Pakistan Railways. The Lahore High Court examined the applicability of the Industrial Relations Ordinance, 1969, and the Pakistan Railways Police Act, 1977, in the context of Shah's dismissal. The court found that the proper notification regarding the transfer of services from the Railway Watch and Ward to the Pakistan Railways Police had not been issued, thereby allowing Shah to seek redress under the grievance procedure. The decision highlighted the procedural inadequacies in the dismissal process and underscored the importance of proper legal notifications in employment law. The ruling emphasized the need for adherence to legal protocols when transferring employees between departments, establishing a precedent for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
Khalil-ur-Rehman Khan, J
|
| Lawyers |
Muhammad Yawar Ali Khan,
Wasim Ahmad Bokhari
|
| Petitioners |
Anwar Shah
|
| Respondents |
others,
Pakistan Railways
|
| Citations |
1989 SLD 2235,
1989 PLC 495
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Pakistan Railways Police Act (VII of 1977),
Constitution of Pakistan (1973)
|
| Sections |
25-A,
5,
19,
199
|