Case Details

Citation(s)
1982 SLG 1410 1982 SLD 1410 1982 PLC 86
Labour Appellate Tribunal, Sindh
Appeal No. HYD-265 of 1981, heard on 2ndSeptember, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

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NISAR AHMAD

VS

PAKISTAN RAILWAYS

Law:

Section:

Industrial dispute- --Leave preparatory to retirement-Application made for purpose­ Question of withdrawal-Railway employee-Rules not envisaging withdrawal .of application once made - Subsequent request for withdrawal refused-No right guaranteed under law, held, infringed and grievance petition rightly rejected by Labour Court­ Grievance petition- Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Fasahat Hussain Rizvi for Appellant. Date of hearing: 2ndSeptember, 1981. ORDER The appellant, who was employed as a seal-man in the Pakistan Rail­ways, applied on 12thMay, 1980 for L. P. R., with immediate effect. Before the L. P. R. was sanctioned by the competent authority, he made repeated representations withdrawing his request for L. P. R., but the Railway authorities declined to entertain these representations and the appellant was forced to proceed on L. P. R. with effect from 18th June, 1980. The appellant challenged this action of the Railway authorities before the learned VIth Labour Court, Hyderabad, but his grievance petition was rejected on the ground that according to the rules applicable to the Railway servants, once an application for proceeding on L. P. R. has been made, it cannot be allowed to be withdrawn. The appellant has accordingly come up in appeal to this Tribunal. 2. It was conceded by Mr. Fasahat Hussain Rizvi, the learned counsel for the appellant, that the rules no doubt do not envisage the withdraw of an application for L. P. R., once it has been made. He" however, contended that in fact the appellant, who is illiterate, had never intended to proceed on L. P. R. but wanted to avail of normal earned leave due to family circumstances, but the person who wrote out the application played fraud upon the appellant and instead of the application required by the…
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