Case Details

Citation(s)
1990 SLG 1525 1990 SLD 1525 1990 PLC 704
Labour Appellate Tribunal, Punjab
Revision No. LHR-145 of 1989/Pb., decided on 10th October, 1989.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
M. Zaman Qureshi for Petitioner. Ch. Bashir Ahmad for
Respondents Nos. 1 to 3. Sh. Saeed Ahmad for
Respondent No. 4.

MUHAMMAD ASGHAR

VS

GENERAL MANAGER, PAKISTAN RAILWAYS, LAHORE and 3 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)---Promotion---Stay order---Petitioner challenged through grievance petition entitlement of respondent to promotion---During pendency of petition, respondent was promoted whereas petitioner was demoted---Labour Court, however, issued order suspending order of promotion of respondent and demotion of petitioner---Order of promotion of respondent, held, was justified in the absence of any stay-order and petitioner having been reverted and respondent promoted, in the absence of any stay order to the contrary prima facie, main petition of petitioner had become infructuous and. stay order in circumstances could not be issued after such promotion and demotion. JUDGMENT This is a revision reporting that the stay order dated 8-4-1989 issued by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore is without jurisdiction and of no legal effect. 2. The facts are that Altaf Hussain, respondent No. 4, who was working as Group Inspector, brought a grievance petition to the effect that he was senior to the petitioner and thus the latter was not entitled to be promoted. During the pendency of the grievance petition respondent No. 4 was demoted and the petitioner was promoted as Group Inspector on 3-4-1989. The learned lower Court issued the stay order suspending the said order till the disposal of the main grievance petition. No stay order was obtained from the learned lower Court at the time of bringing the grievance petition by the respondent No. 4 to the effect that till the decision of the main petition he be not reverted and the petitioner not promoted. In the absence of the stay order the order of…
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