1983 PLP 646 (PLC)
UMARHAYAT Versus WAPDA AND ANOTHER
| Citation | 1983 PLP 646 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | N/A |
| Parties | UMARHAYAT Versus WAPDA AND ANOTHER |
Q1: What are the key laws and sections cited in 1983 PLP 646 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 646 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 646 (PLC) (UMARHAYAT Versus WAPDA AND ANOTHER). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Rafrq Shahid for Respondents.
Judgment & Decree
The respondent was Beldar appointed in January, 1972. His services were terminated on the ground of being surplus. He after serving grievance notice, brought petition under section 25‑A of the Industrial Relations Ordinance, 1969 for his re‑instatement, from the dismissal of which the present appeal arises. The case of the appellant is that his Juniors namely Mithu, Ghaffar, Muhammad Ramzan and Gulsher were regularised. He did not produce any documentary evidence and contended himself with his own statement. The respondent who is the custodian of relevent record has not cared to produce documentary evidence to rebut the oral statement of the appellant that his juniors have been regularised. The respondent could produce the attendance and pay registers to prove that no one junior to the appellant was retained or regularised in service, The lower court wrongly says that the appellant did not produce any evidence to show that any of the juniors was retained in service. The unrebutted statement A of the appellant in this respect is sufficient to show that Gulsher who according to the seniority list . Exh P‑2, was junior to him was retained in service.
2. The finding of the learned lower court that WAPDA should have been sued is also incorrect. In civil cases no doubt only WAPDA can sue and be sued but in labour cases the matter in quite different. Here the employer whoever be may be is to be sued. The authority who terminated the services of the appellant could only be sued. It has not been shown that the Executive Engineer in the employer of the appellant or that some different officer terminated his services.
3. As a result of the observations made above, I accept the appeal, set aside the impugned decision of the learned lower Court and the order of termination, and direct the re‑instatement of the appellant in service with back benefits