Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 25-A & 37 - Grievance petition before Labour Court­ Maintainable to enforce any guaranteed right-Promotion-Normally to be made on basis of 'seniority-cum-fitness-Question of seniority­ Can be decided by Court-Fitness not within jurisdiction of Court and always to be decided by management/competent departmental authority-Order of Labour Court accepting grievance petition and directing promotion of petitioner, held, not justified and set aside by Appellate Tribunal. Ch. Muhammad Ishaq for Appellant. Respondent in person. Date of hearing : 27th October, 1581. JUDGMENT This appeal arises from the decision dated 6-11-1979 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the respondent was directed to- be promoted as Assistant Foreman with effect from 8-5-1975 with back benefits. 2. The respondent was a Moulder and on the retirement of one Siraj Din, Assistant Foreman, was verbally asked by the Works Manager to look after the duties of Assistant Foreman. Since then he is discharging those duties but he was not regularly promoted. The reason given is that the Assistant Foreman has to do some writing work also, but the respondent, being illiterate, is not fit for the job. Admittedly, Siraj Din was also illiterate but had been promoted to the post of Assistant Foreman and from that post he retired. The question to be considered is whether the respondent gained any right by merely looking after the work of the post of Assistant Foreman under a verbal order. The respondent could not show that the Works Manager under whose verbal order he was working as Assistant Foreman, was competent and authorised to promote him or to ask him to work as Assistant Foreman. According…

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