Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- -- Ss. 37 & 38-Seniority-Determination of-Tribunal holding res­pondent senior on ground of length of service-Petitioner recruited directly in higher grade whereas respondent appointed in lower grade, respondent, held, could not compete with petitioner and cannot clam seniority. (b) Industrial Relations Ordinance (XXIII of 1969)----- -- Ss. 37 &. 38-Seniority-Transfer from one section to another ­Person in higher grade on transfer held carries all his rights and privileges-Seniority, held further, cannot be based on date of joining another section. (c) Industrial Relations Ordinance (XXIII of 1969)------ -- S. 25-A-Appeal-Appeal to Labour Appellate Tribunal-Seek­ing of interpretation of settlement deed between Management and Collective bargaining agent, held, competent. P L D 1975 Kar. 754 distinguished. Abdul Aziz Khan Kundi for Petitioner. Sher Zaman Khan Kundi for Respondent No. 3. Abdul Latif Khan Afridi Kundi for Respondent No. 4. Nemo for others. JUDGMENT ALI HUSSAIN QAZILBASH, J.-Through this constitutional petition, Mohammad Naeem has challenged the order of the Labour Court D. I. Khan dated 2nd April, 1978 whereby the application of Mohammad Israr under section 25-A of the Industrial Relations Ordinance, 1969 was accept­ed and that of the order of the learned Chairman, Labour Appellate Tribunal, N.-W. F. P., Peshawar dated 24th March, 1979 who dismissed the appeal of the petitioner for his appointment on permanent basis as Upper Division Clerk as ordered by the Project Manager, Bannu Sugar Mills, Serai Naurang, District Bannu (respondent No. 4). 2. Relevant facts material to this petition are that Mohammad Israr (respondent No. 4) was appointed as a Lower Division Clerk on seasonal basis in the Cane section of Bannu Sugar Mills on 13th November, 1965, he being a matriculate. He was promoted as Upper Division Clerk in the same department on 24th January, 1972, w. e. f. 1st January, 1972 and on 23rd November, 1972, was transferred to the Account Section on seasonal basis at his own request. As against him, Mohammad Naeem petitioner being F. A. was directly appointed as Upper Division Clerk on…

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