1997 PLP 457 (PLC)
RASHID KHAN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR and others
| Citation | 1997 PLP 457 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtaq Ali Qazi, Appellate Tribunal |
| Parties | RASHID KHAN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR and others |
Q1: What are the key laws and sections cited in 1997 PLP 457 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 457 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtaq Ali Qazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 457 (PLC) (RASHID KHAN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mehmood Khan Yousafzai for Appellant.
- Date of hearing: 30th May, 1996.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑‑ ‑‑‑‑Ss. 25‑A & 51‑‑‑Railway Establishment Code, Vol. II, R. 2014‑‑‑Back benefits‑‑‑Entitlement‑‑‑Employee who worked for more than twenty years in Railway Department left his service on account of his domestic difficulties‑‑ Said employee, after five years absence, applied for the same job and he was freshly appointed‑‑‑Employee claimed back benefits for the period of five years during which he remained absent contending that no enquiry was held for termination of his service‑‑‑Contention of employee was repelled in view of the fact that under Railway Establishment Code, Vol. II, R. 2014 after continuous absence from duty for five years, an employee would cease to be in employment‑‑‑Grievance petition of employee was rightly dismissed in circumstances.
Judgment & Decree
Industrial Relations Ordinance (XXIII of 1969)‑‑‑ ‑‑‑‑Ss. 25‑A & 51‑‑‑Railway Establishment Code, Vol. II, R. 2014‑‑‑Back benefits‑‑‑Entitlement‑‑‑Employee who worked for more than twenty years in Railway Department left his service on account of his domestic difficulties‑‑ Said employee, after five years absence, applied for the same job and he was freshly appointed‑‑‑Employee claimed back benefits for the period of five years during which he remained absent contending that no enquiry was held for termination of his service‑‑‑Contention of employee was repelled in view of the fact that under Railway Establishment Code, Vol. II, R. 2014 after continuous absence from duty for five years, an employee would cease to be in employment‑‑‑Grievance petition of employee was rightly dismissed in circumstances. Mehmood Khan Yousafzai for Appellant. Date of hearing: 30th May, 1996. Appellant Rashid Khan was appointed in the Railway Department on 5‑1‑1960 as a helper. He worked upto 6‑7‑1980 . Thereafter, due to domestic difficulties he left his service and remained absent for a period of 5 years. After his return he applied for the same job, so he was freshly appointed on 25‑1‑1986. The appellant has, however, claimed back benefits for the period of 5 years that he remained absent on the ground that no enquiry was held for termination of his service.
2. It was pointed out before the Labour Court that under Railway Establishment Code Volume II, Rule 2014 after continuous absence from. duty for five years a Railway servant ceased to be in Government employment. His grievance petition was, therefore, rightly dismissed by the Labour Court and I can see no reason to interfere. This appeal is accordingly dismissed in limine. H.B.T./179/Lb. S Appeal dismissed.