Case Details

Citation(s)
1985 SLG 1502 1985 SLD 1502 1985 PLC 44
Labour Appellate Tribunal, Punjab
Appeals Nos. RI-194, RI-195 and RI-196 of 1979/Pb., heard on 10th July, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, RAWALPINDI

VS

LIAQ-UZZAMAN and 2 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----S. 25-A--Ad hoc employees appointed by un-authorised person-­Verbally discharged from service on coming to knowledge of competent authority--Grievance petition of employees accepted on preliminary objections without affording opportunity to produce evidence--Held, could not be finally decided without evidence--Case remanded for deciding afresh after affording opportunity to parties to produce evidence. A Muhammad Yousaf Chaudhry and Agha Taj Muhammad for Appellant. Nemo for Respondents. Date of hearing: 10th July, 1982. JUDGMENT The above-captioned three appeals arise from the decisions, dated 14-2-1979 passed by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi, whereby the grievance petitions of the respondents were accepted and they were ordered to be reinstated in service without back benefits. As the facts and law points involved in all the three appeals are common, they are being disposed of through this single judgment. 2. The respondents were Electric Muawins appointed on (sic) According to them, they in April, 1978 were verbally informed that they had been discharged from services. After serving grievance notice the respondents brought grievance petitions. The case of the appellants is that the respondents were ad hoc appointees and thus had no vested right to challenge the order of their termination. It was further contended that the appointments of the respondents were made by the incompetent person namely the Foreman and thus they had no right to retain their appointment and the competent authority was authorised to put to an end the illegal appointment when it came to its knowledge. The case initially was fixed for the evidence of the respondents. The date was 9-10-1978. The learned counsel for the appellant informed the court that the decision be given on preliminary objections after hearing arguments. The case was adjourned to 11-10-1978 for the purpose and had been adjourned thereafter on various dates during which the learned Presiding Officer was transferred and his successor heard the arguments and decided the cases. It has been argued by the learned counsel for the…
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