Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- -- S. 25-A-Grievance petition against non-promotion-Settlement providing promotion on basis of merit and seniority-cum-fitness­ Petitioner senior to respondent in initial appointment-Respondent allowed higher pay scale on confirmation prior to petitioner Promotion of respondent made on basis of his higher pay scale and prior confirmation despite recommendation of Selection Com­mittee for promoting petitioner-Petitioner challenging promotion of respondent as mala fide for reason that respondent was office bearer of Workers' Union-Impugned promotion found against provisions of operative settlement and plea of mala fade establish­ed--Grievance petition, in circumstances, accepted and petition, held, stood promoted from date respondent (junior) was promoted. Abdul Razzaq Khan for Petitioner. Umar Jan Khan for Respondent No. 1. Akbar Nawaz Khan for Respondent No. 2. JUDGMENT Muhammad Sadiq, Wireman, Sugar Mills, Seraj Naurang through this petition under section 25-A (4) of the Industrial Relations Ordinance has challenged the order, dated 21st May, 1975 of Project Manager Sugar Mills, respondent No. 1 whereby Abdur Rehman respondent No. 2 was promoted to the post of Electrician ignoring the seniority right of the petitioner. It is alleged by the petitioner that he was employed as Wire­man on daily wages to the Electrical Department of Sugar Mills, Seraj Naurang on 27th February, 1965 while respondent No. 2, was employed as a Lineman in the said department of the Sugar Mills on 5th May, 1966. Both were confirmed on their respective posts on 19th March, 1969 with a pay scale of Rs. 170-11-302 per month and they were working on the said post during 1974-15 season. In that season the petitioner on the recommendation of the direct incharge Gulzar Muhammad, Electrical Foreman was proposed by the Selection Committee to be promoted as Electrician but the recommendation was not given effect to. The peti­tioner then alleged in the petition that respondent No. 2 though junior to him was promoted to the post of Electrician on 21st May, 1975 because he was holding the office of Vice-President ship in Workers' Union of the…

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