Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A-Revision-Petitioner, an employee of Railway (Gang ­mate) reverted as Key-man and another employee junior to him promoted in his place-Order of Junior Labour Court holding such reversion to be wrongful upheld. Agha Taj Muhammad for Appellant. Respondent in person JUDGMENT Anwar respondent was appointed as Mate of Gang No. 13 on 15th February 1973, on the occurrence of a vacancy caused by the transfer of one Nizam Mate of Gang No. 14, Pattoki, to Walton Training School. Subseq­uently, the P. W. I. Okara ordered the reversion of the respondent from the post of Mate to that of Keyman in Gang No. 14 on 28th May 1974, and also ordered the transfer of certain other mates and promotion of one Abdul Khalique, Keyman to that of Gang-mate. 2. The respondent felt aggrieved of this order. He served a grievance notice on the appellant viz. Divisional Superintendent, Pakistan Railways, Lahore and ultimately he filed a petition under section 25-A of the Industrial Relations Ordinance, 1969 before the Junior Labour Court seeking his re-instatement as Gang-mate with consequential benefits. He contended in the application that he had filed an application under section 15 (2) of the Payment of Wages Act before the Authority under the Payment of Wages Act, Lahore claiming the payment of wrongfully deducted wages. In connec­tion with the said application, the Divisional Superintendent called the comments of P. W. I, Okara who felt offended and in an arbitrary manner ordered the reversion of the respondent wrongfully and in his place promoted Abdul Khalique who was junior to him. 3. This application of the respondent was opposed by the appellant who pleaded, that actually the respondent was not promoted as Mate on permanent basis but as a purely temporary arrangement. He was given the charge of the post of Gang-mate and subsequently he was reverted to his substantive post in due course. 4. Muhammad Anwar respondent appeared as his own witness before the learned Court below while Mr. Jamshaid Mirza Afandi, P. W. 1 Okara appeared on behalf of the appellant. 5. After considering the parties evidence the learned lower Court…

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