MUHAMMAD RAUF BUTT Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE

This is an appeal challenging the decision dated 30‑4‑1987 recorded by learned Presiding Officer, Punjab Labour Court "No.3, Lahore at Ferozewala whereby while dismissing the application for amendment of the grievance petition, the main petition has been dismissed.

2. The facts of the case are that the appellant was awarded punishment of stopping of annual increments for one year and he challenged that order before the learned lower Court. Before he brought the petition he had received a notice from the respondent to explain why on the punishment of W.I.P. be not converted into punishment of removal from service. It has been argued by the learned counsel for the appellant that by the amendment the nature of the case will be changed. He also says that only an explanation has been called for but no charge‑sheet has been served. There appears to be no justification in the amendment because, even otherwise, the punishment cannot be enhanced without hearing the appellant. The nature of the case will be changed by the amendment. The order of the learned lower Court to the extent of disallowing amendment, therefore, does not appear to be incorrect.

3. However, the main petition has been wrongly dismissed. There was a cause of grievance to the appellant to go to the Labour Court, inasmuch as, punishment of W.I.P. for one year was awarded to the appellant which according to the appellant was uncalled for. Without inviting any evidence and hearing the case the petition could not be dismissed.

3‑A. As a result of what has been said above the appeal is partly accepted and setting aside the impugned decision to the extent of it dismissed the main case, the case is remanded for decision on merits.

A.E./376/Lb.P Case remanded