| Case ID |
e2ee61d8-2729-4bed-acd9-eea5459244cf |
| Body |
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| Case Number |
Civil Petition No. 18-L of 1997 |
| Decision Date |
Apr 16, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal challenging the decisions of the Lahore High Court and the Punjab Labour Appellate Tribunal. The petitioner, an ex-employee of the former Government of East Pakistan, was reverted from BPS-7 to BPS-6 and his grievance petition was dismissed by the Labour Court. The court found that the petitioner did not challenge the promotions of the respondents and that the principle of seniority-cum-fitness was applicable. The petitioner's rights under the relevant ordinance were not upheld due to a failure to initiate proper proceedings regarding the promotions that he contested. |
| Summary |
This case revolves around the issues of seniority and promotion within the context of employment for an ex-employee of the former Government of East Pakistan. The petitioner, Muhammad Afan Ullah, claimed that he was wrongfully reverted from a higher pay scale and was denied promotion while others were promoted based on seniority-cum-fitness. The Supreme Court upheld the lower courts' decisions, emphasizing that the petitioner failed to properly challenge the promotions of the respondents and that the principle of seniority was rightly applied. This case highlights crucial aspects of labor law and employee rights under the Industrial Relations Ordinance and the Constitution of Pakistan. It underscores the importance of timely legal action in employment disputes and the necessity for employees to challenge promotions and seniority decisions effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
CH. MUHAMMAD ARIF
|
| Lawyers |
Noor Muhammad Sheikh, Advocate Supreme Court,
Ch. Mehdi Khan, Advocate-on-Record
|
| Petitioners |
MUHAMMAD AFAN ULLAH
|
| Respondents |
6 others,
THE PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE
|
| Citations |
1998 SLD 917,
1998 SCMR 2440
|
| Other Citations |
Mst. Shaher Bano v. Quadria and another 1986 SCMR 1727
|
| Laws Involved |
Ex-Employee of the Former Government of East Pakistan (Appointment to Federal Posts) Ordinance, 1983,
Industrial Relations Ordinance, 1969,
Constitution of Pakistan, 1973
|
| Sections |
3,
25-A,
185(3)
|