Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46, 47(3) & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(g) & S.O.1(b)---Grievance petition---Regularization of service---Claim for---Petitioner, while posted as Naib Qasid in the establishment since 1985, was directed to work as driver on an Ambulance since August 1993---Grievance of the petitioner was that persons much junior to him were regularized as vehicle drivers in scale-5, but he, despite having qualified "Trade test of drivers" and was senior to said persons had been ignored---Presiding Officer of the Labour Court through impugned order proceeded to dismiss grievance petition filed by the petitioner, holding that no secured and guaranteed rights of the petitioner had been violated, and he had no cause; and that question of discrimination did not arise at all---Petitioner who under clause (b) of Standing Order 1 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had got status of permanent worker, for all practical purposes would be entitled to be treated as a regular employee of the establishment in his capacity as a driver of the Ambulance; and was entitled to all the consequential benefits---Though, the petitioner, felt aggrieved when on his supersession, others were regularized, but in fact the law held him entitled much earlier than that---While allowing appeal of the petitioner, his grievance petition under S.46 of Industrial Relations Ordinance, 2002 was accepted and establishment was directed to treat him as a regular driver after having completed the requisite period as a permanent driver and allow him all consequential benefits from the said date. Wiqar Ahmad Seth for Appellant. Ijaz Anwar for Respondents. Date of hearing: 29th November, 2010. JUDGMENT ABDUL AZIZ KUNDI, J.--- Muhammad Riaz appellant, who was petitioner in his petition under section 46, Industrial Relations Ordinance, 2002, before Labour Court, Peshawar and aggrieved by the judgment and order dated 19-10-2005, passed by Presiding Officer, Labour Court, Peshawar, dismissing his grievance petition has questioned the same through the instant appeal. 2.…

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