Case Details

Citation(s)
1984 SLG 1025 1984 SLD 1025 1984 PLC 85
Labour Appellate Tribunal, Punjab
Appeal No. FD-58 of 1979/(Pb.), decided on 24th February, 1982.
ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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HASSAN MUHAMMAD

VS

PAKISTAN RAILWAYS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 65-B-Delay in filing grievance petition-Condonation of-Representation made by appellant replied on 22nd Sep­tember, 1976-Lastly, same information given to him on 16th August, 1978-Grievance notice sent by appellant on 23rd August, 1978 and thereafter grievance petition filed-Appellant filing appli­cation for condonation of delay but no cogent reason made out held, cause of grievance arose to appellant on 22nd September, 1976 and not from 16th August, 1978 grievance notice as well as grievance petition manifestly time-barred and condonation application rightly disallowed by lower Court. Muhammad Anwar Lodhi for Appellant. JUDGMENT This appeal arise from the decision dated 16th January, 1979 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby greivance petition of the appellant was dismissed. 2. The facts of the case are that the appellant was appointed as Ticket Collector grade-I and was posted at Faisalabad after he passed T-7B course. On becoming surplus in Lahore division he was transferred to Multan Division in 1962. He was transferred back to Lahore on his own request in 1972. His grievance was that this colleagues were con­firmed and promoted as Ticket Collectors grade 11 but he was ignored. He after serving grievance notice on 23rd August, 1978 brought grievance petition. 3. Learned trial Judge has held that since the appellant was trans­ferred to Lahore Division on his own request he was to rank junior to the persons who were already serving there getting the same pay. His grie­vance petition was also declared as time-barred and consequently it was dismissed. This is an admitted fact that the appellant was transferred from Multan Division to Lahore Division on his own request. Accord­ing to Note I, clause (f) para. 1 of section 6 of Advance Chapter No. 1 of the Personnel Manual a person who is transferred to another division on his own request has to rank junior to all permanent employees drawing same pay as he is drawing. It is also provided that before the incumbent is transferred on his own request he is to be informed that be would rank junior to the…
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