| Citation(s) |
|---|
| 1985 SLG 1772 1985 SLD 1772 1985 PLC 326 |
Labour Appellate Tribunal, Punjab
Appeal No. FD-742 of 1977, decided on 27th May, 1978.
M. JAMIL ASGHAR, APPELLATE TRIBUNAL
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Appeal No. FD-742 of 1977, decided on 27th May, 1978.
M. JAMIL ASGHAR, APPELLATE TRIBUNAL
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IKHTIAR-ULHASAN
VS
DIRECTOR-GENERAL, TELEGRAPH AND TELEPHONE DEPARTMENT and 2 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)---- ---Ss.25-A & 38(3)--Grievance petition--Maintainability--Telephone Operator of Telephone Department under orders of competent authority working as Telephone Technician--Claiming for grant of grade of post as sanctioned by Government from date duties thereof performed and seniority in relevant grade and arrears of pay accordingly--Labour Court without recording evidence dismissing petition on grounds that relief claimed did not amount to actionable grievance--Order of Labour Court, in circumstances, set aside by Appellate Tribunal and petition, held, maintainable--Case remanded to Labour Court for decision on merits. Abdul Latif for Appellant. Date of hearing: 15th April, 1978. JUDGMENT This is an appeal against the decision dated 9-10-1977 of Punjab Labour Court No.9, Multan. 2. Ikhtiar-ul-Hasan, appellant was appointed as a Telephone Operator with effect from 1-12-1966 vide Memorandum No.22/A/PT/I, dated 6-12-1966 by the Divisional Engineer, Telegraphs, Quetta Division, Quetta. Afterwards he was appointed as Telephone Operator/ Officiating Reputor Station Assistant and was posted at Khuzdar Carrier, Quetta vide Memorandum No.E-54/275, dated 1-12-1966. In actual fact he worked there as a Technician Carrier since the date of his appointment, but he was paid salary of Telephone Operator. The posts of Technician and Reputor Station Assistant were of one and the same cadre. On 19-8-1969 a letter was issued to him by the Chief Engineer, Staff and Establishment T & T, Karachi for fixation of pay of certain categories of the Telephone and Telegraph Staff on their appointment as Telecom Technician as under:- "Sanction of the President and C.M.L.A. is hereby accorded to the fixation of pay of Telephone Inspectors, Mistries, Telephone Operators and holders of other posts carrying Special Pay, on their appointment as T/Technician in the relevant scale of pay, in accordance with F-R-22(a)(i), treating their Special Pays, as a special case, as part of their substantive pay. This issues with the concurrence of the Ministry of Finance (Regulations Wing) vide their U.O.No.1429-R 5/69, dated 14-7-1969." 3. In 1972 theβ¦
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