Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------ -- S. 25-A-Promotion-Aggrieved workman found to be senior to those persons promoted by Management and his right of promotion proved to hilt-Petitioner directed to be promoted as Foreman. JUDGMENT This petition under section 25-A of Industrial Relations Ordinance, 1969 has been filed by Hazrat Usman, Mechanic, Sugar Mills, Serai Naurang against Project Manager, Faqir Muhammad and Zardullah, Mechanics whereby he has prayed for the cancellation of the order BSM/PF/5596 and BSM/PF/5591, dated 18th April, 1975 of respondent No. 1 promoting Faqir Muhammad and Zardullah, Mechanics to the post of Foreman with the pay scale of Rs. 600-25-800 per month. The petitioner's allegations tire that he being senior to respondents 2 and 3 and having clean service record should have been Promoted as Foreman in preference to respondents 2 and 3 who are junior to him and their service record is also not good. Before filling the petition, a Grievance Notice Exh. P.W. ½ was also given by the petitioner to the Project Manager, but his prayer for promotion was rejected. 2. All the respondents contested the petition and then parties were directed to produce evidence. On 23rdDecember, 1976 when parties' evidence was being recorded, it transpired that the two respondents Faqir Muhammad and Zardullah against whom the present petition was filed had left the Sugar Mills. Therefore, Labour Officer S. M. Latif was directed to consult his Manager as to whether the petitioner could be promoted as Foreman because the two respondents' had left the employment and the Labour Officer prayed for the time to consult his Manager. The case was, therefore, adjourned to 10thJanuary, 1977. On that day Labour Officer asked for more time to consult his Manager which was accordingly granted and case was adjourned to 21st January, 1977, Labour Officer absented and case was adjourned for today. After going through the record I have come to the conclusion that petitioner can now be promoted as Foreman because two respondents Zardullah and Faqir Muhammad have left their posts and the petitioner can easily be promoted to one of the posts. S. M. Latif, Labour…

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