| Citation(s) |
|---|
| 1991 SLG 1936 1991 SLD 1936 1991 PLC 292 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-217 of 1987, decided on 25th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Shaikh Fazaldin for Appellant. S. Abdur Rehman for
Respondents.
Appeal No. SUK-217 of 1987, decided on 25th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Shaikh Fazaldin for Appellant. S. Abdur Rehman for
Respondents.
BUKHTIAR AHMAD
VS
AGRICULTURAL ENGINEER, AGRICULTURAL WORKSHOP and another BUKHTIAR AHMAD vs AGRICULTURAL ENGINEER, AGRICULTURAL WORKSHOP and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969). ---S. 25-A---Retrenchment--Labour Court dismissed grievance petition of worker challenging his retrenchment---Appellant had been retrenched from service twice before but was taken back each time and on his retrenchment for third time he was not taken back although he claimed that his juniors were allegedly taken back in service---Appellant had not impleaded his juniors who had been taken back by management and whose interest was at stake in case appellant succeeded in his appeal---No decision could be given as to whether they were senior or junior to appellant or whether they had been reinstated or promoted after retrenchment of appellant--Held, it was unfair and unjust if appeal of appellant was dismissed on this technical ground of non-impleading persons likely to be affected by decision of appeal---Case was remanded to Labour Court for retrial and appellant was directed to implead said other persons i.e. juniors as parties to proceedings--Labour Court would decide case afresh on merits unprejudiced by its previous order of dismissal of appellant's grievance petition and would not preclude employer from raising any legal or factual objection. Date of hearing: 25th March, 1990. DECISION This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No. VII at Sukkur, dated 10-6-1987, whereby the grievance petition filed by the appellant was dismissed, 2. The facts of the case appear to be that the appellant was removed from service on previous two occasions but he was ordered to be reinstated by the Labour Court or the Tribunal. Third time, by order dated 30-7-1985, the appellant was retrenched from service. He served grievance notice and thereafter filed grievance petition. 3. I have heard Mr. Shaikh Fazaldin, learned Advocate for the appellant and…
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