1988 PLP 550 (PLC)
MUHAMMAD SIDDIQUE Versus DISTRICT MANAGER and another
| Citation | 1988 PLP 550 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | MUHAMMAD SIDDIQUE Versus DISTRICT MANAGER and another |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 550 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 550 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 550 (PLC) (MUHAMMAD SIDDIQUE Versus DISTRICT MANAGER and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaman Qureshi for Appellant.
- Shafiqul Islam for Respondents.
- Date of hearing: 1st March, 1987.
Headnotes / Summary
‑‑‑Ss.25‑A & 38( 3‑A )‑‑Promotion‑‑ Appellant worker claiming promotion prior to promotion of his fellow worker, respondent No.2, on ground of seniority‑‑Respondent No.2 was reverted during pendency of petition of appellant by way of awarding punishment‑‑Labour Court dismissing grievance petition of appellant as having become infructuous Held view taken by Labour Court was not correct‑‑Since main prayer of appellant was for promotion and he asked for reversion of respondent No.2 claiming seniority over him and for reason that at time when he moved petition no other vacancy existed, Labour Court was to consider case of appellant to arrive at a conclusion whether he had a right to ask for a direction that he be considered for promotion‑‑Order of Labour Court set aside and case remanded for decision on merits.
Judgment & Decree
Muhammad Zaman Qureshi for Appellant. Shafiqul Islam for Respondents. Date of hearing: 1st March, 1987. This is an appeal directed against the order dated 19‑1‑1987 recorded by learned Presiding Officer, Punjab Labour Court No.l, Lahore whereby the grievance petition of the appellant for his promotion has been dismissed as having become infructuous. 2.Waheed Hussain Shah, respondent No.2 was promoted and the appellant claiming to be senior from him brought grievance petition with the prayer that respondent Na.2 be reverted and he (the appellant) be promoted. In the pendency of the grievance petition respondent No.2 was reverted by way of awarding punishment and for this reason the learned lower Court has held that the grievance petition of the appellant has become infructuous. The view taken by the learned lower Court is not correct. The main prayer of the appellant was for promotion. He asked for the reversion of Waheed Hussain Shah. respondent No.2 claiming seniority over him and for the reason that at the time he moved the application no other vacancy may be existing. The learned lower Court has still to consider the case of the appellant to arrive at a conclusion whether he has a right to ask for a direction that he be considered for promotion. His petition, therefore, has not become infructuous. No doubt, promotion is not a right but a worker can ask for a direction that he be considered for promotion‑
3. As a result the appeal is accepted and setting aside the impugned decision the case is remanded for decision on merits. M.Y.H./338/Lb.P Appeal accepted.