Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Khyber Pakhtunkhwa Industrial Relations Act, 2010

Section: 37

Constitution of Pakistan, 1973-- ----Art. 212(3)s were working as (UTS) in PESCO--Appeal for promotion--Turned down--Grievance petition--Allowed--Appeal--Dismissed--Writ petition--Autonomous body--Statutory rules--Jurisdiction of Labour Court--Challenge to--PESCO is a distinct entity, which has its own statutory rules--Law does not permit that a statutory body, who has its own rules, be compelled to adopt rules of another separate entity--Labour Court had no power to direct appellant company to adopt rules of WAPDA or similar constituent companies and has wrongly assumed jurisdiction--There can be no doubt that if an order is void, without jurisdiction, ultra vires and passed in disregard of law, any superstructure raised over it would automatically fall to ground and it cannot sustain in eyes of law--Appeal allowed. Khyber Pakhtunkhwa Industrial Relations Act, 2010 (XVI of 2010)-- ----S. 37--Law--Word ‘law’ in Section 37 of Act means that it has to be a legal right guaranteed by statute. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.- Through this appeal by leave of the Court, the appellant has called in question the vires of the impugned judgment dated 23.10.2019 passed by the Peshawar High Court, Peshawar, whereby the Writ Petition filed by the appellant was dismissed and the judgment dated 07.01.2019 passed by the Labour Appellate Tribunal, KPK, Peshawar was upheld. 2. Briefly stated the facts of the matter are that the Respondent Nos. 1-10 are working as regular Upper Technical Subordinate (UTS) in the appellant department. They filed appeal before the appellant PESCO for their promotion to the post of Junior Engineers/Assistant Managers (BPS-17) against 5% quota reserved for UTS graduate engineers. The said appeal was turned down vide order dated 21.12.2015 on the ground of non-availability of the vacancy with further clarification that the said quota is meant for induction/direct recruitment and not promotion. This led to filing of a Grievance Petition by the respondents before the Labour Court, Peshawar. The learned Labour Court allowed the Grievance Petition vide judgment dated 9.4.2018 by holding that since there is 5% quota for promotion according to…

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