Law:

Section:

Industrial dispute Pay--Railway worker-Settlement providing that on absorption in other post due to physical incapacity scale of pay last drawn by staff on running post will be protected-Running allowances, held, also included in nay and had to be protected-Railway Establish ment Code, Vol. if Fundamental Rule No. 9 (21), r. 2003 and Railway Personnel Manual. Advance Chapter No. 3, S. III, r. 1 (s).                                                                                                                JUDGMENT Abdul Majid respondent was serving as a Fireman in Pakistan Railways at Faisalabad. On 23rd December 1977. he met with an accident and after recovery he was found unfit for the post of Fireman as he had lost the sight of left eye. He was therefore appointed as a Shedman. As fireman he was getting Rs. 511 as his monthly wages but in May, 1978 his pay was reduced to Rs. 370 per mensem without any reason or notice to him. After serving grievance notice the respondent approached Punjab Labour Court No. 4, Faisalabad under section 25-A of the Industrial Relations Ordinance, 1969. The department in spite of service did not file their written reply although ample opportunity was afforded to them. Accordingly on 23rd February 1978 the case was adjourned to 27th September 1978, for filing written statement subject to payment of Rs. 20 as costs. On 27th September 1978. the counsel for the depart ment was present but none had gone from Lahore to appear on behalf of the management. The costs had also not been paid. Accordingly their defence was struck cuff and the case was adjourned to 15th October 1978 for ex-Parte evidence of Abdul Majid (respondent). On that day ex parte evidence of Abdul Majid. respondent was taken. The respondent himself appeared as P. W. 1 and also relied upon certain documents. The Labour Court vide impugned decision dated 15th October 1978 accepted the petition…