Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)--- ----S. 33---Pro forma promotion---Superannuation---Scope---Labour Court dismissed grievance petition of the employee---Employee contended that due to lethargic approach of the employer his case was put before Department Promotion Committee after five days of his `retirement---Record revealed that case of promotion of the employee was put before departmental Promotion Committee in May 2013 and as one of the ACRs of the employee was not available, therefore, his case was not considered---Preparation of the service record or its up-keeping was the duty of the employer and not of the employee and only on that basis depriving the employee to promotion was a material illegality---Despite application of the employee, his case was not considered on technical ground---Labour Court while referring pro forma promotion policy of Provincial Government 2013 refused to allow the grievance petition---Employee could not be deprived of the lawful right which accrued prior to his superannuation and he was deprived of all those benefits due to negligence of employer---Labour Appellate Tribunal set aside the impugned passed by the Labour Court and directed the employer to convene Departmental Promotional Committee within one month and put the case of employee as was done in May, 2013 and after due consideration the employee was entitled for promotion he be granted pro forma promotion and in case he was promoted all benefits be granted to him---Appeal was allowed accordingly. Secretary School of Education and others v. Rana Arshad Khan and others 2012 SCMR 126 ref. THIS JUDGMENT DELIVERED BY: JUSTICE (R) SAGHEER AHMED QADRI, CHAIRMAN.--- The necessary facts to dispose of this appeal are that the appellant-Muhammad Naseer son of Muhammad Hussain was initially appointed on 02.10.1975 as Buildozer Operator on a vacant permanent seat and remained on performing his duties; that he was retired on 12.05.2013 and previously his case for promotion was matured and Departmental Promotion Committee was to be held by the respondent-department but due to certain reasons it was delayed and by that time appellant after superannuation retired on…

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