| 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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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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