| Case ID |
f6f2fdad-1162-4700-9021-b54136226ff1 |
| Body |
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| Case Number |
RI-134 of 1995 |
| Decision Date |
Jun 06, 1998 |
| Hearing Date |
|
| Decision |
The Labour Court accepted Muhammad Boota's grievance petition under Section 25-A of the Industrial Relations Ordinance, 1969, affirming his entitlement to confirmation in the post of Junior Assistant Trains after serving for more than three years. The Labour Appellate Tribunal dismissed the appeal of the Railway Authorities, stating that the failure of the authorities to send him for the required training was not a valid reason to deny confirmation. The Tribunal emphasized that, despite not completing the formal course, Boota had effectively performed the duties of the position and had received all associated emoluments, including annual increments. The Tribunal upheld the lower court's direction for Boota to undertake the necessary training while affirming his right to confirmation. |
| Summary |
This case involves the Labour Appellate Tribunal's decision regarding Muhammad Boota's confirmation as Junior Assistant Trains at Pakistan Railways. The Tribunal ruled in favor of Boota, who had served in the position for over three years without formal confirmation, despite receiving all associated emoluments. The ruling emphasized that the lack of a required training course should not impede an employee's right to confirmation when they have demonstrated capability through service. The case underlines important aspects of labor rights and employee confirmation procedures under the Industrial Relations Ordinance, 1969, reflecting ongoing issues in labor law and employee treatment within government organizations. This case is pivotal for understanding labor rights, employee confirmation processes, and the significance of practical experience in lieu of formal training. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Mian Ghulam Ahmad
|
| Lawyers |
Sultan Mehmood, Legal Assistant for Appellants
|
| Petitioners |
The Divisional Superintendent, Pakistan Railways, Rawalpindi
|
| Respondents |
Muhammad Boota
|
| Citations |
1999 SLD 763,
1999 PLC 79
|
| Other Citations |
1985 PLC 74,
1983 PLC 103,
1989 PLC 38Z,
1984 PLC 1706,
1986 PLC 142
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A
|