Case Details

Citation(s)
1984 SLG 1079 1984 SLD 1079 1984 PLC 200
Labour Appellate Tribunal, Punjab
Appeals Nos. R. I.-290 to 297 of 1981, decided on 31st January, 1983.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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PUNJAB ROAD TRANSPORT BOARD

VS

MUHAMMAD ASHPAQ AND 7 OTHERS

Law:

Section:

Punjab Road Transport Board Rules, 1972----- -----Rr. 10, 12 & 14 -Powers of Board to create posts-Includes powers to abolish post-Powers of Board delegated to Managing Director-Order of Managing Director abolishing some posts of Bus Conductor, held, within jurisdiction. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1965)-- --S. 13-Retrenchment-Word "category" means category in an establishment-Whole business concern if one establishment it will be one unit-Business concern if consisting of various establishments each one will be a separate unit and `category' would mean category of that Unit-Bus conductors of Punjab Road Transport Board maintaining district-wise seniority-Retrenchment made on principle of `first come last go' on basis of district-wise seniority-Objection that retrenchment should have been made on provincial basis, in circumstances, held, not tenable. Ch. Sadiq Muhammad Warraich for Respondents. Date of hearing : 15th January, .1983. JUDGMENT The eight appeals captioned above arise from the decision dated. 19th May, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, whereby the grievance petitions of the respon­dents for their reinstatement in service were accepted and they were directed to be reinstated .in service without back benefits. The respondents have filed cross-objections in the appeals brought against them, respectively. As common quesions of fact and law arise in all the appeals and cross-objections, they are being disposed of together through this single judgment. 2. The respondents are conductors in the Government Transport Service under the P. R. T. B. and their services were terminated by the District Manager on the ground of retrenchment as the posts had been abolished by the Managing Director. Three points were raised before the learned lower Court by the respondents. The learned lower court replied two points in favour of the respondents but held that the order of abolition of posts of Conductors by the Managing Director was legal and with jurisdiction. The respondents have in their cross objections challenged this finding of the learned lower…
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