Case Details

Citation(s)
2000 SLG 1695 2000 SLD 1695 2000 PLC 657
Labour Appellate Tribunal, Punjab
Appeal No. LHR 299 of 1999, decision dated: 10-03-2000
MIAN GHULAM AHMAD, CHAIRMAN

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DEPUTY ADMINISTRATOR, COOPERATIVE MODEL TOWN SOCIETY LIMITED, LAHORE

VS

MAKHDOOM AHMAD QURESHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A, 37(3) & 51 Arrears of emoluments Entitlement Grievance petition Appeal to Labour Appellate Tribunal Employee was originally appointed as Cooli in Grade I, but during course of time he earned promotion to the post of Meter Reader in Grade 7 Employee continuously worked on the said post for about seven years and was ousted from the service in consequence of an enquiry held against him Employee who continuously worked on the post of Grade 7, his performance 'and conduct remained up to the mark and his A.C.Rs. depicted outstanding/excellent performance Employee was though not confirmed on the said post to which he was promoted, but he continued to work to the "entire satisfaction of his superiors" Employee was denied arrears of emoluments for the period of seven years despite he remained working on that post Validity When a post involved assumption of responsibility or performance of duty of a higher degree or greater importance, incumbent of said post could not be denied emoluments of that post Employee, who had been drawing salary of Grade 1, for a long period of seven years despite working on higher post of Grade 7, was rightly found entitled to difference of balance of pay for said period even if employee had not been regularly promoted to higher post or had not been confirmed in that capacity Judgment of Labour Court whereby employee was found entitled to get difference of pay, over and above which he had actually been paid was confirmed in appeal by Labour Appellate Tribunal. JUDGMENT Mr. Makhoom Ahmad Qureshi's grievance petition, filed under section 25 A, Industrial Relations Ordinance, 1969, was on 21 8 1999 substantially allowed by the learned Labour Court No.3, Lahore, at Ferozewala; and the Authority (Deputy Administrator, Cooperative Model Town Society, Lahore) has preferred the present appeal. 2. Mr. Qureshi was originally employed as cooli, and then he earned promotions as Water Clerk/Water Ledger, Audit Clerk and finally as Meter Reader. The post at the lowest level, carried Grade 1 and the post of Meter Reader was in Grade 7. He operated as Meter Reader from 15 11 1993 onwards…
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