Case Details

Citation(s)
1989 SLG 1288 1989 SLD 1288 1989 PLC 377
Labour Appellate Tribunal, Punjab
Appeal no. MN-223 of 1988-Pb. -decided on 10th July, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Saifullah Khan for Appellant. Syed Ibrar Hussain for
Respondent.

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS MULIAR DIVISION, MULTAN

VS

MUHAMMAD ASLAM and others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A -Personnel Manual (Hours of Employment (Rules and Regulations), advance Chapter III, R. 71--Grievance petition--Calendar day weekly rest-­respondents were continuous workers getting 24 consecutive hours rest in a eek--Calendar day weekly rest claimed by such workers on ground that they are not proved to be continuous workers--Lower Court allowing grievance petition of respondents based its decision on Rule 71 of Advance Chapter III of Personnel Manual (Hours of employment Rules and Regulations) but there existed no provision in said Rules or any other law that Calendar day rest was to ,e allowed--Respondents working in locoshed also governed by said Rule 71 which was applicable to all railway servants--Duty Rosters a week prevailing since ,ng and it was not shown that same were against any provision of law--Order of Labour Court was not sustainable under law--Order set aside. Date of hearing: 19th July, 1988. JUDGMENT This is an appeal preferred against the decision dated 7-3-1988 received the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby le grievance petition of the respondents has been accepted to the extent it relates to respondents Nos. 1 to _11 and 16 and 1 directing that calendar day weekly rest be allowed to them. The respondents except 12 to 15 are admittedly continuous workers and they are being allowed 24 consecutive hours rest in a week but they claim in the grievance petition that calendar day rest be given to them. Respondents Nos. 12 to 15 have not been allowed calendar day weekly rest on the ground that they were not proved to be continuous worked. The learned lower Court has based its judgment on rule 71(1) of Advance Chapter-III of Personnel Manual (Hours of Employment Rules and Regulations), but there is no provision in it that calendar day weekly rest can be allowed. The learned lower Court has reproduced the rule but in spite of it failed to notice that whatever it was allowing was not covered by…
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