| Citation(s) |
|---|
| 1991 SLG 1937 1991 SLD 1937 1991 PLC 294 |
Sindh High Court
Appeals Nos. SUK-59, 60, 53, 54, 25 and 26 of 1989, decided on 24th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Shabbir Ahmed Awan for Appellants in (Appeals Nos. 53, 54, 59 and 60 of 1989). Mehmood Habibullah for
Respondent No. 15. (in Appeals Nos. 53, 54, 59 and 60 of 1989). M.A. Rashid for
Respondents Nos. 8 and 11. (In Appeal Nos. 53 and 54 of 1989). MA. Ras
Appeals Nos. SUK-59, 60, 53, 54, 25 and 26 of 1989, decided on 24th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Shabbir Ahmed Awan for Appellants in (Appeals Nos. 53, 54, 59 and 60 of 1989). Mehmood Habibullah for
Respondent No. 15. (in Appeals Nos. 53, 54, 59 and 60 of 1989). M.A. Rashid for
Respondents Nos. 8 and 11. (In Appeal Nos. 53 and 54 of 1989). MA. Ras
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and others
VS
MUNEER AHMAD and 14 others DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and others vs MUNEER AHMAD and 14 others
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 25A
(a) Industrial Relations Ordinance (XXIII of 1969)----S. 25-A---Aggrieved person---Seniority list---Appellant's seniority not affected even after issuance of impugned order---Appellant, therefore was not an aggrieved person and had no right to rile appeal. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Grievance petition---Seniority list---Grievance petition of worker about seniority list was filed four years after accrual of cause of action and was, therefore, time-barred and revised seniority list gave him no fresh cause of action as his seniority was not affected thereby---No application was moved by appellant or reason shown for condoning delay---Grievance petition filed by worker, thus was not maintainable being time-barred---Order of Labour Court revising his seniority list was set aside and appeal filed against order of Labour Court was allowed in circumstances. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Grievance petition---Seniority list---Relief sought by workers against employer (Railways Authorities) fixing their seniority had been set aside by Labour Court---Employer, held, had a right to file an appeal there against--Contention of worker that appeal by employer was not maintainable, repelled. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Greivance petition---Burden of proof---When applicant seeks any relief from Court, burden of proof is upon him to prove his case and he cannot rely upon weakness of defence. P. L. D 1972 S C 25 ref. DECISION These six appeals are directed against a Single order of learned Presiding Officer, Sindh Labour Court No. VII at Sukkur, dated 22-12-1988 whereby grievance Application No. 43 of 1986 filed by applicant Mustajab Hussain and Grievance Application No. 42 of 1986 filed by Applicant Tanveer Haider Zaidi were decided in favour of the two applicants. Divisional Superintendent Railways and Divisional Personnel Officer Pakistan Railways filed Appeals Nos. 59 and 60 against the impugned Order. One Muhammad Ismail who was respondent in the said petitions has also filed Appeals Nos. 53 and 54 against the said impugned order. One Abdul Razzaq and 4 others have…
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