Case Details

Citation(s)
1996 SLG 453 1996 SLD 453 1996 PLC 331
Labour Appellate Tribunal, Punjab
Appeal No. MN-96 of 1994/Pb., decision dated: 11-07-1994
MIAN GHULAM AHMAD, CHAIRMAN, APPELLATE TRIBUNAL

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MULTAN DEVELOPMENT AUTHORITY through Director General

VS

MUHAMMAD YOUSAF and another MULTAN DEVELOPMENT AUTHORITY through Director General Vs MUHAMMAD YOUSAF and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Parties having agreed for disposal of grievance petition of employees on Oath, employees recorded their statements on Oath, but Executive Engineer who was one of the employers, was unwilling to take Oath and on his request proceedings were adjourned for the Oath of Director-General the other employer---On adjourned date of hearing other employer having failed to appear, first employer who earlier was reluctant to take Oath, expressed his willingness to take Oath, but Labour Court on account of conduct of that employer on previous date, declined to give him Oath and taking into consideration statements of Oath of employees, accepted their grievance petitions---Held, if on one date Executive Engineer/first employer was hesitant to take Oath, no adverse inference was justified especially when on following date he was ready to take Oath---Decision of Labour Court, in circumstances, was set aside and grievance petitions were remanded to be decided afresh in accordance with law after administering oath to Executive Engineer. JUDGMENT This judgment shall dispose of sixteen (16) Appeals bearing Nos.MN-96/94-Punjab to MN-111/94-Punjab from the decisions of the Punjab Labour Court No. 9; Multan dated 17th of January, 1994, whereby the grievance petitions filed by the respondents were accepted, they were held permanent employees and the appellants were directed to regularise them from their respective dates of appointment in the relevant pay scales. 2. The respondents are the employees of the Multan Development Authority. Alleging that they were working against permanent posts and had become permanent workmen, they filed grievance petitions praying for a direction to the appellants to treat them as permanent workmen from the dates of their appointment in their relevant scales of pay. 3. The appellants contested the grievance petitions alleging that the respondents were work-charged employees and they could not attain the status of permanent workmen. 4. Before adducing evidence, the respondents filed applications under Article 163 of the Qanun-e-Shahadat, 1984 for the disposal of their…
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