Case Details

Citation(s)
1982 SLG 1461 1982 SLD 1461 1982 PLC 264
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-249 and 250 of 1981, heard on 28th May, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

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NASIM AHMED SIDDIQUI AND ANOTHER

VS

MESSRS PAKISTAN MACHINE TOOL FACTORY LTD., KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A-Scope-Enforcement of a right guaranteed by law or agreement-Training Scheme containing no surety of appointment after completion of training-Trainee after completion of training appointed but seeking appointment with effect from date of com­pletion of training-Appointment, held privilege of Management qua to be considered depending upon available vacancies Such Trainee, held, no right to be enforced in seeking appointment with retrospective effect from date of completion of training. M. M. Jeelani for Appellants. Date of hearing: 28th May, 1981. DECISION The Pakistan Machine Tool Factory Limited, the respondents herein, had introduced a training scheme in their establishment at Landhi. Upon the successful completion of the training the trainees were eligible for regular appointment in the establishment. Originally the scheme of training was for period of 12 months. Under that scheme appellants Nasim Ahmed and Javed Aslam were offered training for Technical Assistants on the terms and conditions specified in the letters of the respondent establishment, dated 21stSeptember, 1979 and 29th November, 1979. The training of the two appellants commenced with effect from the dates of the respective letters to him. Clause 11 of the terms and conditions of the training scheme provided that the respondent establish­ment had full right to extend the period of the training or to modify the training scheme. In accordance with this provision the appellants were offered and accepted a new extended scheme of training, vide the respon­dent establishment's letter, dated 5thJune, 1978. Under this scheme, the training was to be for a period of two years. It is the case of the appellants that they had successfully completed the period of two years training on 22nd September, 1979 and 22nd November, 1979 respectively and thereafter they had been assigned regular job of Technical Assistant in the respondent establishment, but they had neither been paid the wages of their post nor formal orders were issued regarding their appointment. Accordingly, on 18th August, 1980, they served separate grievance notices upon the respondent…
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