| Citation(s) |
|---|
| 2020 SLG 1207 2020 SLD 1207 2020 PLC 96 |
Balochistan High Court
Constitutional Petition No. 1151 of 2017, decided on 6th August, 2019, Date of hearing: 29th July, 2019.
ABDUL HAMEED BALOCH, JUSTICE NAEEM AKHTAR AFGHAN, JUSTICE
Ghulam Mustafa Buzdar for Petitioners. Abdul Rasheed Awan for
Respondents Nos.1 to 3.
Constitutional Petition No. 1151 of 2017, decided on 6th August, 2019, Date of hearing: 29th July, 2019.
ABDUL HAMEED BALOCH, JUSTICE NAEEM AKHTAR AFGHAN, JUSTICE
Ghulam Mustafa Buzdar for Petitioners. Abdul Rasheed Awan for
Respondents Nos.1 to 3.
CHIEF EXECUTIVE OFFICER QESCO AND ANOTHER
VS
AZIZULLAH, COMMERCIAL SUPERINTENDENT AND 3 OTHERS
Law: Balochistan Industrial Relations Act, 2010
Section: 41
Balochistan Industrial Relations Act (XIV of 2010)--- ----S.41---Redressal of individual grievances---Scope s claimed two step time scale up-gradation on the basis of an official memorandum issued by the respondent---Trial Court and Appellate Tribunal concurrently accepted the application of respondents---Validity s had not produced any single documentary evidence before the Trial Court except recording statement of representative s had failed to discard the referred memorandum/notification s had relied upon different official memorandums in their written statement but failed to substantiate the same---Mere mentioning the documents in pleadings were not enough to be accepted rather the same was required to be proved---Official memorandum relied upon by respondents manifested that the employees working in BPS-15 were entitled for two step time scale up-gradation---Since the respondents fulfilled the requisite qualification, therefore, they were entitled for two step time scale up-gradation s had failed to point out any illegality and irregularity in the concurrent s passed by the courts below---Constitutional petition, being bereft of merit, was dismissed. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.---This Constitutional Petition is directed against the judgment dated 03.08.2017, passed by the District and Sessions Judge/Presiding Officer/Labour Court-I, Balochistan Quetta (trial Court) whereby the application filed by the respondents Nos.1 to 3 under section 41 of Balochistan Industrial Relations Act, 2010 was allowed and appeal filed thereon by the petitioner before the Labour Appellate Tribunal Balochistan, Quetta (Appellate Tribunal) was dismissed vide judgment dated 29th September, 2017. 2. Brief facts leading to file the instant petition are that the applicants/respondents entered into services of WAPDA as LKBC on 14.12.1981, 01.07.1980 and 06.07.1981 respectively; thereafter they were promoted to the post of UDC on 13.01.1986, 14.02.1985 and 09.09.1987 respectively. The applicants/respondents served the department with utmost satisfaction and no complaint has come on record against them, as such, vide office order dated 02.11.2005, the applicants were…
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