| Case ID |
d7e8bb98-304f-4d8a-81e7-55d05e4bfb81 |
| Body |
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| Case Number |
Appeals Nos. RYK-325 to 327 of 1987 |
| Decision Date |
Dec 16, 1987 |
| Hearing Date |
Dec 13, 1987 |
| Decision |
The Labour Appellate Tribunal accepted the appeals of the appellants, setting aside the earlier decisions of the Punjab Labour Court No. 8, Bahawalpur. The Tribunal held that the appellants, being seasonal workers retrenched at the end of the season, had the right to be re-employed in the same posts from which they were retrenched, and the employer was within rights to fill permanent posts occurring after their retrenchment with fresh appointments. The Tribunal emphasized that the earlier grievance petitions brought by the respondents were invalid as they were not in service at the time the posts became permanent. Therefore, the appellants were restored to their respective posts without any burden of back benefits on the employer. |
| Summary |
The case revolves around the rights of seasonal workers upon retrenchment as per the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance of 1968. The Labour Appellate Tribunal reviewed the grievances of seasonal workers who claimed prior rights to permanent posts after being retrenched. The Tribunal ruled that seasonal workers have a right to report for duty within a specified period upon the resumption of work but do not have rights to other permanent or temporary posts unless they were holding those posts at the time of their retrenchment. The decision highlighted the importance of seniority and employment rights of seasonal workers in the context of labor laws, emphasizing the conditions under which workers can claim re-employment. This ruling has significant implications for labor relations and employment practices in seasonal industries, ensuring that workers are aware of their rights and the legal framework governing their employment status. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
HYESONS SUGAR MILLS LTD.
|
| Judges |
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Ch. Muhammad Ikram,
Nemo,
Malik Muhammad Suleman
|
| Petitioners |
Bashir Ahmad,
Mehr Din,
Ghulam Jehanian
|
| Respondents |
Haji Ahmad,
Rana JAVED ISLAM,
HYESONS SUGAR MILLS LTD.,
Rana Abdul Rehman
|
| Citations |
1989 SLD 2476,
1989 PLC 886
|
| Other Citations |
1980 L L C 411
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
S.O. 14
|