| Case ID |
e24562bc-c98e-414a-8c02-0e9befed99e4 |
| Body |
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| Case Number |
LHR-245 of 1988 |
| Decision Date |
Jul 04, 1988 |
| Hearing Date |
Jun 27, 1988 |
| Decision |
The appeal against the decision made by the Punjab Labour Court No. 4, Faisalabad, was dismissed. The court held that the respondent, who did not avail of Leave Preparatory to Retirement (L.P.R.) and remained on duty, is entitled to a 55% running allowance during the encashment of L.P.R. benefits. The appellant's argument that the respondent could not claim double benefits was found to lack merit as the respondent's claim was supported by the relevant rules and gazette notifications. The lower court's acceptance of the grievance petition was justified, as the allowance is explicitly provided in the rules governing the encashment of L.P.R. benefits. |
| Summary |
This case revolves around the entitlement of an employee of Pakistan Railways to 55% running allowance during the encashment of Leave Preparatory to Retirement (L.P.R.) benefits. The Labour Appellate Tribunal ruled in favor of the respondent, Hakim Ali Khan, who contended that he should receive this allowance despite having remained on duty instead of availing L.P.R. The tribunal highlighted that the relevant rules and previous gazette notifications clearly support the claim for the running allowance. The decision underscores the importance of understanding employee rights under the Industrial Relations Ordinance and the Pakistan Railways Establishment Code, reflecting the ongoing discourse around employee benefits and entitlements in the public sector. This case serves as a significant reference for similar disputes regarding leave and allowances in governmental organizations. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Saifullah Khan,
Muhammad Anwar Lodhi
|
| Petitioners |
Another,
The Divisional Superintendent, Pakistan Railways
|
| Respondents |
Hakim Ali Khan
|
| Citations |
1989 SLD 2350,
1989 PLC 707
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Pakistan Railways Establishment Code
|
| Sections |
25-A,
38(3),
R. 707(5)
|