Law:

Section:

Keywords: Disposal, Retirement, Labour Court, Order, Disposed Of, Jurisdiction, Proceedings, Grounds, Extension, Grievance, Emoluments, Establishment, Trade Union, Consideration, Pro Forma Promotion, Dispute, Without Jurisdiction, Government, Costs, Functions, Validity, Discharge, Constitutional Petition, Civil Servant, Removal, Petitioner, Office, Promotion, Legality, Petition, Orders, Notice Result: Petition accepted JUDGMENT This Constitutional Petition, by the Pakistan Railways through its Divisional Superintendent at Karachi, assails the legality of the order of the 1Vth Labour Court, Hyderabad, dated 3-2-1976, whereby it dismissed the petitioner's appeal and upheld the decision of the Vth Junior Labour Court, Hyderabad, dated 5-9-1975, directing that pro forma promotion be given to respondent No. 3 to the post of Railway Guard, Grade II, with effect from 1961 till his retirement, along with the benefits, emoluments and advantages resulting from such promotion. 2. The pertinent facts, necessary for the disposal of this Petition, are that respondent No. 3, who was appointed as Yard Foreman in India, on 6-8-1936, opted to serve in Pakistan Railways in the year 1947. It appears that in the year 1959, when he was working as Yard Foreman Grade-I, it was proposed to promote him to the post of Yard Foreman Grade-II, but as the promotion would have involved his being shifted from Kotri, where he was then serving, to Karachi, and as he was anxious to be posted at Hyderabad or Kotri, be declined the promotion. Subsequently, however, in the year 1961, respondent No. 3 was made to work as Guard, Grade-II on a purely local arrangement basis. Since he did not pass the necessary test and undergo the required training for promotion to Grade-II, he was not formally promoted to the said grade till 20-6-1972, when, by reason of his age, he was exempted from undergoing the prescribed training. The respondent 3 ultimately retired from service from 8-8-1973, but he continued to represent to the petitioner and the authorities against the injustice done to him for not being promoted in due time to Grade 11 with the consequent loss to him of emoluments and other privileges. Having…

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