Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

  Industrial Relations Ordinance (XXIII of 1969) S. 25-A-Grievance arising out of settlement-Settlement between workers' representatives and employer guaranteeing filling up of posts from amongst existing staff on basis of seniority-cum-fitness. Promotion should not be claimed on basis of seniority alone-Question of fitness-Within sole jurisdiction of employers to decide-Manage ment always free to hold any selection whether from amongst employees already working or from amongst outsiders-Employee's request for promotion solely on consideration of seniority being not accepted, refusal to promote not mala fide action either. Muhammad Abu v. Province of East Pakistan P L D 1960 S C 164 ref. Date of hearing : 14th November 1975.                                                                                                                                       JUDGMENT The petitioner has assailed the validity of the order passed by Sind Labour Court on 20th March, 1975, whereby the petitioner was directed to promote the second respondent as Electrical Supervisor. 2. The facts giving rise to this case are that the second respondent has been working with the petitioner as an Electrician for the last two to three years. In 1974, the petitioner-Corporation was disintegrated into several units as a result of which some Officers and Staff became surplus. In these circumstances a temporary post of Electrical Supervisor was created for a period of 12 months, as one Sajjad Ali Khan who was officiating as an Electrical Supervisor was transferred from West Pakistan Industrial Develop ment Corporation to Steel Mill Corporation on 15th June, 1974. 3. After the post of Electrical Supervisor fell vacant the second respondent started clamouring for his promotion as Electrical Supervisor and posting against the said vacant post. Initially,…