Case Details

Citation(s)
1985 SLG 1719 1985 SLD 1719 1985 PLC 261
Labour Appellate Tribunal, Sindh
Appeal No. KAR-189 of 1984, heard on 1st November, 1984.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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ZAKIR HUSSAIN

VS

MANAGING DIRECTOR, KARACHI WATER AND SEWERAGE BOARD and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---S.25-A--Grievance petition--Essentially contemplates rights guaranteed 'i or secured by or under any law, award or settlement--Promotion when not a right guaranteed--Cannot be claimed through grievance petition-­Workman without promotion performing duties of higher post --Claiming promotion and pay of higher post--No proof that promotion was a right guaranteed to petitioner--Petition, in circumstances, held, plot maintainable. 1983 S C M R 883 and 1982 P L C I (C. S.) 668 held not applicable. 1983 P L C 536 distinguished. Masood Shaheryar for Appellant. Date of hearing: 1st November, lq84. ORDER This is an appeal which is presented for admitting it. 2. I have heard the arguments of Mr. Masood Shaheryar, Advoc4te. 3. The facts of the petition fried under section 25-A, I.R.O., 1969 were that the appellant was 43pointed as Helper on 3-2-1966 in Karachi Development Authority and on 1-7-1972, his services were transferred to Karachi Water and Sewerage Board. On 6--2-1982, he was directed by Respondent No.1, ire. Karachi Water and Sewerage Board to perform the duty of charge-man at Pumping Station No.1 and since that date, he is performing the duty as such against the vacant post but has pot been paid the wages or salary attached for that post. The appellant further has admitted that no letter of promotion has been issued by the respondent and consequently, on 12-1-1-1983, the appellant, vide letter, dated 12--11-1983, called upon the respondent to pay difference of wages and for promotion to the post and duty of charge-man. This letter was followed by the reminder dated 30-11-1983, but the respondent neither the Karachi Water and Sewerage Board nor the K.D.A. trove any reply and hence he served a grievance notice on respondent No.2 i.e. the K.D.A. 4. The respondents in their reply statement challenged the maintainability of the petition under section 25-A, I.R.O., 1969, while they' have admitted that the appellant worked in Grade-11 when his services were transferred to Karachi Water and Sewerage Board on 1-7-1972. He was not promoted when he performed the duties as chargeman. They also submitted that Grade-VII…
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