Law:

Section:

Industrial dispute--- ---- Pay-Payment must be made for work done-Junior Booking Clerk of Pakistan Railway in grade 5 required to work as Reserva­tion Clerk in grade 8 and performing duties as such for 8 years--­Claim for payment of salary in grade 8, held, rightly accepted by Labour Court and Laboure Appellate Tribunal-Contention that no vacancy or post of Reservation Clerk stood sanctioned­-Repelled-Held: Failure in paper formality by ordering creation of post being no fault of aggrieved clerks and such plea could not be raised because such clerks were in fact required to work as Reservation Clerks-Further plea that such clerks were not workers but civil servants and as such matter was not within jurisdiction-Determination of such point needing evidence regarding nature of service-Plea not reaised either before Labour Court or Labour Appellate Tribunal -Interference in writ jurisdiction in circumstances, refused-Writ jurisdiction-Constitution of Pakistan (1973), Art. 199 and Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38. Mufti Mushtaq Ahmad v, The Federation of Pakistan P L D 1981 S C 172 ; P L D 1970 S C 292 : P L D 1974 S C 100 ; Shahzar Khan v. Sind Labour Court No. 4, Karachi 1977 S C M R 103 ; Postmaster General and another v. Muhammad Hashim P L D 1978 S C61 and Islamic Republic of Pakistan v. Kazi Abdul Karim, Deputy Accountant ere. 1979 SCMR219ref. Nemo for Respondents Nos. 1 and 2. Ch. Nazir Hussain for Respondents Nos. 3 and 4. Date of hearing : 25th October, 1982. JUDGMENT Respondents Nos. 3 and 4 held the post of Junior Booking Clerks in the Pakistan Railways in National Pay Scale No. 5. From 2nd January, 1975. they have been working as Reservation Clerks. The post of Reservation Clerk is a selection post and carries National Pay Scale No. 8. The respondents, in due course, filed an application under section 25-A of the Industrial Relations Ordinance, 1969 before the Labour Court that they be given the pay scale of Reservation Clerks and confirmed as such. The application was dismissed by the Punjab Labour Court No. 9, Multan. They filed an appeal and the learned appellate Tribunal after referring to an Award under demand 41…

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