PLC 1982

1982 PLP 456 (PLC)

N/A

Jurisdiction / Court
National Industrial Relations Commission
Decided Date
Case No. 18 (193) of 1980, decided on 4th January, 1981.
Honorable Judges
S. Rais Ahmad Jafri, Senior Member
Case Reference Summary (AEO Optimized)
Citation 1982 PLP 456 (PLC)
Forum / Court National Industrial Relations Commission
Bench Members S. Rais Ahmad Jafri, Senior Member
Parties N/A
Primary Law Pakistan Essential Services (Maintenance) Act (III of 1952)‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1982 PLP 456 (PLC)?

This judgment primarily cites: Pakistan Essential Services (Maintenance) Act (III of 1952)‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1982 PLP 456 (PLC)?

The case was heard and decided by the National Industrial Relations Commission bench comprising: S. Rais Ahmad Jafri, Senior Member.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1982 PLP 456 (PLC) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Pakistan Essential Services (Maintenance) Act (III of 1952)‑

Representation

  • Dates of hearing: 4th September ; 18th October and 30th November, 1980.

Headnotes / Summary

‑ S. 6 read with Pakistan Essential Services Rules, 1962, R. 3 (2)‑‑Personal hearingAuthority under r. 3 (2) of Rules, held, not under obligation to give personal hearing to affected employees and has merely to take into considera tion their views before issuance of directions. F. A. Toriq, Bar‑at‑Law for the Corporation.

Judgment & Decree

4. The proposed rule 4.14 reads as under:‑‑ "Employees originally placed in Pay Groups 1, 2; 3, 4, 5, 6 and 7, when they reach the ceiling of their respective pay scales; will, after one year, be automatically given next higher pay groups 2, 3, 4, 5, 6, 7 and 8, respectively, provided they have earned satisfactory reports during the last 3 years. This process will, however, not be repeat ed. For example, an employee who is originally placed in pay Group 1, will, after one year of reaching the ceiling of the Pay scale of Pay Group 1, be placed in pay Group 2 but he will not automatically go to pay Group‑3, if and when he reaches the ceiling of Pay Group 2 Pay scale. The same will apply to employees in Pay Groups 2 to 7." A perusal of rule 4.14 will show that at present the employees placed in pay Groups 1, 2, 3,4, 5, 6 and 7 when they reach the ceiling of their respec tive pay scales, will after one year, be automatically given next higher pay group i. e., Pay Groups 2, 3, 4, 5, 6, 7 and 8, respectively. Previously, rule 4.14 was applicable to employees in Pay Groups 1 to 4 and the employees in the said pay group were entitled to automatic promotion after they reached their ceiling. Under the proposed Rule, the employee in Pay groups 5, 6 and 7 would also be entitled to be benefited by this facility. A condition has now been appended in the proposed rule that only those concerned employees who earn satisfactory reports during the last three years would be entitled to this facility. The employees have submitted their views. They have opposed the above condition of earning satisfactory reports in the, last three years to make them eligible for next promotion. After giving due consideration to the views of the employees on the above proposed rules, I am of the opinion that the condition placed to the proposed rule 4.14 is not unreasonable on the following grounds: ‑ (1) that the proposed rule is now open for the employees of high status in pay Group‑5, 6 and 7 and naturally the anxiety of the management in promoting only those employees who have a satis factory record of service is quite justified and logical; (2) a proforma of annual confidential reports shows that an employee can receive the following kinds of reports (1) Very good. (2) Good. (3) Average. (4) Below average. Mr. Zubairi, Controller Administration and Personnel submits that if an employee earns average report it will be deemed satisfactory. Being satisfied with the explanation offered by Mr. Zubairi on behalf of the management that if the concerned employee receives average reports he would be deemed to have earned satisfactory reports. I am of opinion that the proposed rule 4.14 would not act to the disadvantage of the employees. I, therefore, direct that the proposed rule 4.14 may be substituted in place of existing rule 4.14 of the P. T. V. Services Rule. Directions accordingly.