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Industrial dispute---- --Railway employees (Block Cleaners)-Confirmation-Made always in accordance with seniority-No seniority list available on record -Order of Labour Court that petitioners stood confirmed having been regularized after 3 years service modified by Appellate Tribunal directing Railway administration to confirm petitioners if no Senior was waiting confirmation-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Ch. Ali Muhammad for Appellant. Respondents in person. Date of hearing: 6th November, 1984. JUDGMENT The titled appeal calls in question the decision dated 5th May, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby the grievance petition of the respondent was accepted. 2. The respondents were recruited as block cleaners against temporary labour applied (TLA) in 1973. They were got medically examined and the doctor found them not fit for B-1 vide report dated 7th November, 1982. Before notice of termination could be issued to them, they served grievance notice asking the appellant to confirm them as they had worked for eight years. On the expiry of 15 days they brought the grievance petition on 20th December, 1982. Termination order was passed on 22nd December, 1982. The learned lower Court has held that no rule was shown to the effect that vision test for the block cleaners was necessary. Copy of an extract from Appendix-VIII Personnel Manual Vol-I (Chapters 1 and 2) is on the file but it shows that vision test is necessary for Line Labour of signal branch. Neither in the written statement nor during arguments reference has been made to any rule, according to which, vision test of block cleaners may be necessary. In the absence of any rule it is difficult to hold that the respondents were rightly disqualified and…

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