| Citation(s) |
|---|
| 1984 SLG 1017 1984 SLD 1017 1984 PLC 76 |
Labour Appellate Tribunal, Punjab
Appeal No. MN-44 of 1983/Pb., decided on 13th August, 1983.
ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. MN-44 of 1983/Pb., decided on 13th August, 1983.
ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN
VS
INDERYAS
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 38(3)-Advance increment-Scheme of incentive in vogue in Pakistan Railway for benefit of advance increment on passing B. A. examination-Clarification issued subsequently that increment admissible only if examination passed in first or second division and not in third division-Labour Court accepting grievance petition of employee claiming such benefit after passing examination is third division but examination passed prior to subsequent clarification-No evidence on record that petitioner exercised his right for advance increment prior to clarification Order of Labour Court, in circumstances set aside and case remanded by Appellate Tribunal for decision afresh after opportunity of evidences to parties on such point. Syed Intisar Hussain for Appellant. Respondent in person. Date of hearing : 10th August, 1983. JUDGMENT The decision dated 23rd September. 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan has been challenged in this appeal, whereby the grievance petition of the respondent for four advance increments under the incentive scheme on account of getting degree of Bachelor of Arts was accepted. 2. An incentive scheme was introduced on 22hd January, 1966 by the appellant as an impetus for the employees to improve their qualification. The respondent passed B. A. examination on 27th May, 1981 in III-division. In the scheme there was no restriction of division. However, clarification was made on 25th July, 1981 to the effect that qualification for class-III employee for advance increments was the qualification meant for class-II and class-I servants i. e. B. A. in 1st or 2nd division. The appellant has challenged the decision of the learned Lower Court on the ground that after clarification only 1st and 2nd class graduates were entitled to advance increments. The competent authority that issued the…
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