Case Details

Citation(s)
1985 SLG 2199 1985 SLD 2199 1985 PLC 869
Labour Appellate Tribunal, Punjab
Appeal No. LBR-211 of 1983, decided on 14th January, 1984.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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ARIF BUTT

VS

PAKISTAN RAILWAYS AND 2 OTHERS

Law:

Section:

Pakistan Railways Commercial Manual- ---Para. 7.11-Placing two branches under control of one head­ Within competence of competent authority - Platform and Luggage Inspector appointed verbally by D. C. O. as Senior Platform and Luggage Inspector and no written order passed-Chief Commercial Manager putting work of Luggage under supervision of Commercial Superintendent, Parcel and Platform and Luggage Inspector relieved of charge - Contention that Luggage Branch being a separate Branch work of luggage could not be brought under Supervision of Commercial Superintendent, Parcel - Contention repelled­ Entrusting supervision of work of weighing of luggage to Commer­cial Superintendent, Parcel, in circumstances, held, rendered post of Senior Platform and Luggage Inspector as redundant hence same stood abolished. Khalid Mahmood for Appellant. Malik Muhammad Afzal for Respondent. Date of hearing : 9th January, 1984. JUDGMENT The appeal captioned above emanates from the decision dated 16th March, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore. 2. The appellant was Platform and Luggage Inspector. On 10th May, 1979 he on the strength of the verbal orders of D.C.O. was appointed as Senior Platform and Luggage Inspector till the D.C.O. had passed. any regular written order. Thereafter, no order was in either way passed by the D.C.O. and instead the Chief Commercial Manager brought the work of luggage under the supervision of Commercial Superintendent, Parcel and charge was taken from the appellant. The case of the appellant is that luggage branch being separate from parcel branch, the work of luggage could not be legally brought under the supervision of Commercial Superintendent, Parcel and that the authority that did so was not competent. According to the argument of the learned counsel for the appellant, the D.P.O. passed the order. It has also been argued by the learned counsel for the appellant that corrections or amendments could be made as required by paras. 5 and 6 of the Preface to the Commercial Manual and as it was not done, the change brought about is illegal. This is true that, luggage and parcel sections are separate but there is…
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