Law:

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Industrial dispute- --Promotion-Not a right-Consideration for promotion-A right-­Senior most person entitled to be considered for promotion when vacancy arises in higher post though it is function of employer to decide if an employee is eligible and fit for promotion. Muhammad Zaman Qureshi for Appellants. Shuja-ud-Din for Respondent. Date of hearing :10th November, 1984. JUDGMENT The appeal captioned above challenges the correctness of the decision dated 31st October, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, dismissing the grievance petition of the appellants as time-barred and on merits. 2. The appellants are conductors. They brought the grievance petition challenging the creation of two intermediary posts between the post of conductor and ticket examiner (checker). In the Rules of 1959 there were no intermediary posts mentioned above but they were inserted by the Rules of 1976. The grievance petition was withdrawn on the statement of the counsel for the respondent that if the appellants preferred representation, the same would be recommended. Accordingly, the appellants made representations Exhs. P. 10 and P. 11 but getting no response brought the present grievance petition. Since the matter is yet under consideration of the competent authority, it could not be said that the second grievance notice and the grievance petition were time-barred. So…

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