Law: Industrial Relations Act, 2012

Section: 33

Industrial Relations Act (X of 2012)---S.33---Redressal of individual grievances---Promotion---Scope---Petitioners assailed promotion of private respondents who were junior to them according to the seniority list---Contention of respondents was that the post of Security Supervisor was created and educational criteria of Matriculation was laid down for promotion/up-gradation of security guard to the post---Validity---Petitioners did not have Matric qualification, therefore, they were not eligible for promotion to the post of Security Supervisor and the other persons had been legally promoted in line with the policy---Authority had discretion to determine criteria for promotion to a certain post---Petition, having no force, was dismissed. Arif Hussain v. Federation of Pakistan 2020 PLC (C.S.) 204 and PLD 2015 SC 6 ref. ORDER: NOOR ZAMAN, MEMBER.----Mr. Zulfiqar Ali and Hazrat Muneer petitioners were appointed as Security Guards in the respondent establishment respectively on 12-11-1985 and 17-06-1987. In memo. of petition they contended that they are respectively at Serial Nos.2 and 9 of seniority list of operational staff working in Maintenance Division-V, Faisal Masjid Islamabad. That the respondents Nos.3-5 are junior to them and exist respectively at Serial Nos.17, 21 and 28 of the seniority list. That notwithstanding this fact they have been upgraded to the post of Security Supervisors on 02-08-2012 ignoring the petitioners. Being aggrieved of this up-gradation/promotion of these junior colleagues, they served grievance notice on employer on 29-08-2012 and having no response this petition. 2. This petition was instituted on 08-11-2012. Respondent No.1 submitted defense reply on 17-04-2013. The case was however adjourned sine die, because of a pendency of suo motu case on the subject in the Honble Supreme Court. The Supreme Court has now disposed the case and the petitioner requested to revive the petition. 3. The case was fixed on 10-04-2020 for hearing the petitioner Mr. Hazrat Muneer for himself and on behalf of the other petitioner appeared and explained his case. He stated that there was no post of Security Supervisor, but the management without creation…

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