Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

  Industrial Relations Ordinance (XXIII of 1969) S. 34 read with Agricultural Development Bank General Regula tions, 1961, r. 17-Promotions-Not open to Officials' Union to guide Bank as to how promotions should be made-No such right as claimed guaranteed or secured to particular category of officials nor any 'award or settlement existing with regard to promotion of such category of officials, Labour Court, held, could not interfere with selection made by Bank-Labour Court by such order, held, in effect superseded general regulations of Bank requiring filling up of Super intendents' posts by promotion on basis of merit alone, and directed Management to make promotions according to seniority alone- Order of Labour Courts, held, without jurisdiction and of no legal effect. Sulaiman Khan v. Pakistan and others 1972 S C M R 127 rel. Date of bearing : 13th May 1975.                                                                                                                                     JUDGMENT The petitioner has called in question the award dated 7-3-1974 of the Sind Labour Court No. V, Karachi under section 34 of the Industrial Relations Ordinance, 1969 whereby the President of the Labour Court cancelled the promotions of 7 subervisers to the newly created posts of Superintendents and directed the petitioner-Bank to make such promotions from the seniority list of the joint cadre of supervisors, sub-accountants/investigators on the basis of seniority alone. , 2. The petitioner-Bank had abolished the posts of supervisors with the result that there was some frustration caused to the holders of these posts. A settlement was accordingly reached whereby the demand of the supervisors was accepted treating the seven existing incumbents at par with the sub accountants/investigators for the purposes of promotion to higher…