Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ------S. 25-A read with "Pakistan Western Railway, Personnel Manual, Advance Chapter No. 1, S. 6, para. I (d)---Seniority of Railway employee (Ticket Collector)-Right guaranteed under law-Infringe­ment of such right, held, challengeable under S. 25-A, Industrial Relations Ordinance, 1969-Persons appointed on ad hoc basis not regularly---Cannot be placed senior to already regular appointees, or subsequently made regular. Muhammad Bilal assisted by Raja Muhammad Amin for Appellant. Muhammad Yousuf assisted by Raja Abdul Rashid for Respondents. ORDER This is an appeal preferred against an order dated 9-1-75 passed by the learned Presiding Officer, Junior Labour Court, Rawalpindi on a petition of the appellant, preferred under section 25-A of the 1. R. O., 1969. Petition of the appellant was accepted and it was directed that change in the seniority list should be made after giving a show-cause notice to the persons affected. 2. I have heard the learned counsel for the parties at length and have gone through the record of the Junior Labour Court as well as the impugned order. 3. Contention of the learned counsel for the appellant is that provisions of section 25-A, subsection (5) have not been complied with. Parties led evidence and learned Presiding Officer of the Junior Labour Court did not go into all the facts of the case. Had he gone into all the facts of the case, he would have passed a just and proper order in the circumstances of the case. 4. Brief facts of the case are that appellant was a Ticket Collector and was promoted to grade II on 15-6-68. Seniority list Exh. PA was issued on 19-9-70, in which he was placed at No. 34. In that list a footnote was published in which the employees of this grade were asked to give information of any of the employees who have been omitted by mistake. Respondents Nos. 3 to 5 were not included in that list and they never informed that they have been omitted. All the three respondents joined service as a temporary measure, pending regular selection on 5-6.67 as substitutes. They remained in service with one day break after every six months period. For reasons best known to the…

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