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PESCO, WAPDA HOUSE vs ISHFAQ KHAN S — 2021 SCMR 637 SUPREME-COURT

Case information

Citation
2021 SCMR 637 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
PESCO, WAPDA HOUSE vs ISHFAQ KHAN S
Subject matter
Service
Provisions referred to
S. 48

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PESCO, WAPDA HOUSE VS ISHFAQ KHAN S. 48(4)---Labour Court, jurisdiction of---Scope--- Promotion policy of Peshawar Electric Supply Company (PESCO)---Respondents, who were working as regular Upper Technical Subordinate (UTS) in PESCO/appellant department, sought their promotion to the post of Junior Engineers/Assistant Managers (BPS-17) against 5% quota reserved for UTS graduate engineers---Appellant department/PESCO declined said request of respondents with the clarification that the said quota was meant for induction/direct recruitment and not promotion---Labour Court allowed grievance petition of respondents by holding that since there was 5% quota for promotion according to the policy issued by the Pakistan Water and Power Development Authority (WAPDA) and since all other similar electric companies were following the policy of WAPDA, the PESCO was also bound to follow instructions and policies of WAPDA---Legality---Admittedly, PESCO was a distinct entity, which had its own statutory rules---Law did not permit that a statutory body, which had its own rules, be compelled to adopt the rules of another separate entity---Labour Court only had the authority to interpret and deal with the respondents under the policy of PESCO, which clearly said that the 5% quota was for induction/direct recruitment and not for promotion---Clarification had been issued by PESCO that the posts in question were to be filled in by way of induction and not promotion, which meant that there would be fresh appointment and not the continuation of the earlier job---Labour Court had no power to direct PESCO to adopt the rules of WAPDA or similar constituent companies and had wrongly assumed jurisdiction---Appeal was allowed.

Other judgments reported in 2021 SCMR

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