| Citation(s) |
|---|
| 2014 SLG 2663 2014 SLD 2663 2014 PLC 459 |
Labour Appellate Tribunal, Balochistan
Labour Appeals Nos.4 and 5 of 2014, decided on 17th April, 2014. Date of hearing: 11th April, 2014.
ABDUL GHIAS NOUSHERWANI, MEMBER
Azam Jan Zarkoon for Appellants. Haroon Tareen for
Respondents.
Labour Appeals Nos.4 and 5 of 2014, decided on 17th April, 2014. Date of hearing: 11th April, 2014.
ABDUL GHIAS NOUSHERWANI, MEMBER
Azam Jan Zarkoon for Appellants. Haroon Tareen for
Respondents.
JAMILA BIBI and others
VS
DIRECTOR-GENERAL, QUETTA DEVELOPMENT AUTHORITY
Law:
Section:
Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 2(dd), 41 & 55---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i), S.O.1(1)---Withdrawal of regularization of services of employees---Grievance application---Delay---Condonation---Services of the employees were regularized, but subsequently order of regularization was withdrawn---Grievance petition of employees was dismissed---Validity---One of the employees was appointed as peon in the office, while other was appointed as driver---Both posts being permanent in nature, it could not be said that appointment and job of the employees were temporary in nature---Employees falling within the category of permanent employees, Standing Orders Ordinance, 1968 fully applied in their cases---Grievance applications had been filed with delay of 22 days; though sufficient cause was not mentioned in application for condonation of delay, but the employees could not be deprived of their rights on the grounds of limitation for the reason that they during their services approached the Authority and court for the regularization of their services---Embargo of limitation was not applicable to said employees---Courts always encourage the decision of the cases on merits, rather the litigant be non-suited on technical grounds including the point of limitation---Impugned withdrawal order, was set aside being without lawful authority---Tribunal directed that difference of the salaries of the employees be paid as regular employees. 2014 PLC 394; 1996 SCMR 1947; PLD 1996 SC 610; 2009 SCMR 320; Province of Punjab v. Ahmed Hussain 2013 PLC 394 and C.P. No.54 of 2011 ref. JUDGMENT ABDUL GHIAS NOUSHERWANI (MEMBER).--- By means of this common I intend to dispose of the above mentioned Labour Appeals which arises from a common order/ . 2. It is the case of appellant in Labour Appeal No.4 of 2014 was initially appointed on daily wages basis as Peon on 20-8-2011 by respondent whereas appellant in Labour Appeal No.5 of 2014 was appointed on contract basis in July, 2012 as Driver. Thereafter on 30-1-2013 by means of office order their services were regularized but on 14-2-2013 the regularization…
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