Case Details

Citation(s)
1979 SLG 1096 1979 SLD 1096 1979 PLC 545
Labour Appellate Tribunal, Punjab
Appeal No. RI-756 of 1978/Pb., don 20th October, 1979.
, JUSTICE (RECD.) CH. MUHAMMAD SIDDIQ, APPELLATE TRIBUNAL

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CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD

VS

MUHAMMAD IQBAL

Law:

Section:

(a) Natural justice, principles of---- -----Maxim- Audi alteram partem (no one should be condemned unheard)-.-Maxim "audi alteram partem' not confined to only certain particular class of statutes, or any particular type of proceedings, but applicable to all statutes or proceedings (unless its application excluded by express words) as may likely affect adversely personal or property or other rights, privileges, or benefits of another person-Mere Omission or absence of provision of such principle in a particulars statute-.Cannot override such well-settled principle of natural justice and such principle to be read into relevant law unless its application specifically excluded-Nothing in industrial Relations Ordinance, 1969 excluding application of such principle, principle, held, applicable to labour cases instituted under such Ordinance -Industrial Relations Ordinance (XXIII of 1969). (b) Industrial Relations Ordinance (XXIII of 1969)---- ---- S. 25-A-Grievance petition Parties, impleading of--Respondent claiming seniority against 4S out of 49 promotees-Held: Applicant to implead ail persons likely to be affected adversely in case he succeeds-­Proper to implead such persons as party, if possible, at earliest before trial Court or before appellate Tribunal, to avoid multiplicity of litiga­tion, unnecessary delay, time and expense. Izhar-ul-Haq for Appellant. M. K Khan for Respondent. Date of hearing 20th October, 1979. ORDER Muhammad Iqbal, respondent, at the relevant time was working as Lower Division Clerk in the Accounts Section of Capital Development Authority, Islamabad. He was relieved fear Army duty on 6-12-1971. He rejoined his Department on 28-12-1972. On 27-4-1975 departmental examination for promotion of Lower Division Clerks to Upper Division Clerks was held in which the respondent also participated but failed. Again another departmental examination for promotion was held on 17-4-1977 in which 64 candidates, including the respondent, were declared successful and the respondent secured 6th position in it. Out of these 64 successful candidates, 49, whose Annual Confidential Reports were in order, promoted as Upper Division Clerks with effect from 30th…
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