Case Details

Citation(s)
1988 SLG 1447 1988 SLD 1447 1988 PLC 992
Labour Appellate Tribunal, Punjab
Appeal No. LHR-587 of 1986, decided on 24th January, 1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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CHAIRMAN, RAILWAY BOARD and another

VS

MUHAMMAD ASLAM NAZ

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Limitation Act (IX of 1908), Ss. 14 & 29-- Grievance petition-­Limitation--Period spent in wrong forum--Railway workman aggrieved of wrongful reversion filing civil suit--No proof that objection as to jurisdiction raised in written statement by respondent management--Suit dismissed for want of jurisdiction--Petitioner thereafter serving grievance notice and bringing grievance petition--Section 14 read with S. 29 of Limitation Act, 1908, held, would be applicable and Labour Court rightly condoned period spent in Civil Court. 1986 P L C 922 distinguished. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition against reversion of employee--Plea that post not being in promotion line it was not a case of reversion--No selected however appointed as Number-Taker--Petitioner, in circumstances, held, could not be reverted till proper selection in which he could also apply-­Order of Labour Court accepting grievance petition upheld by Appellate Tribunal. Ch. Khalilur Rehman for Appellants. Shah Mohammad for Respondent. Date of hearing: 18th January, 1987. JUDGMENT This is an appeal directed against the decision dated 19-8-1986 recorded by learned Presiding Officer, Punjab Labour Court No. 2, Lahore whereby the reversion order of the respondent from the post of Number-Taker to the post of T.L. Muawin was set aside and he was directed to be posted again as Number­ Taker. 2. The facts of the case are that the respondent was employed as T.L. Muawin on 30-3-1973. He was made to officiate as Number-Taker with effect from 30-5-1978 vide order copy of which is Ex. P-I. On 7-7-1980 he was reverted to the post of T.L. Muawin vide order, copy of which is Ex. P-2 and another person was posted as Number-Taker in his place. The respondent firstly brought a civil suit which was dismissed vide order copy of which is Ex.P-4 for want of jurisdiction. The respondent, thereafter,, sent grievance notice and then brought grievance petition under section 25-A of Industrial Relations Ordinance, 1969. 3. It has been argued by the learned counsel for the appellant that since the…
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