Law:

Section:

1976 P L C 766 [Labour Court Punjab] Present: Saeed Ahmad, Presiding Officer HAMID MUKHTAR versus PAKISTAN OXYGEN LTD. Appeal No. 329 of 1974, decided on 16th January 1975. Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 25-A and 36-D-Badly workman claiming re-instatement on plea of seniority-Application rejected by Junior Labour Court with regard to evidence and record of seniority-Appellant's seniority admittedly established-Order of Junior Labour Court, in circumstances, set aside and re-instatement awarded without back benefits. Sh. Gulzar Ahmad for Appellant. Syed Zafar Rizvi for Respondent. JUDGMENT This is an appeal under section 36-D of the Industrial Relations Ordinance, 1969, against an order dated 23-8-74, passed by the Junior Labour Court, Lyallpur, whereby the petition of the appellant for reinstate­ment was dismissed. The employer in this case is Field Manager, Pakistan Oxygen Limited. He had some posts of badly workers with him. In September 1973, a question arose before the employer as to which of the two badly workers namely Hamid Mukhtar and Mohammad Siddique was senior. It may be noted here that "Badly" is a workman who is appointed on the post of a permanent worker or probationer, who is temporarily absent. The record of the employer shows that Hamid Mukhtar was senior. It appears that the employer employed Hamid Mukhtar on the basis of his record when a post of Badly arose with him. Offended by this decision Muhammad Siddique filed a petition under section 25-A of the Industrial Relations Ordinance, 1969 before the Junior Labour Court for his reinstate­ment on the ground that he was senior to Hamid Mukhtar. In this petition Hamid Mukhtar was not made a party. Record of the employer was disbelieved by the Junior Labour Court and a finding was given in favour of Muhammad Siddique. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492