Law:

Section:

Industrial dispute---- ---Promotion--Decision as to fitness for promotion--Prerogative of employer--No adverse material brought against employee can be used without having been informed of same--Bank employee--Ignored for promotion on grounds of adverse reports in A.C.Rs.--No proof that employee informed of such reports enabling him to have represented for their expunetion--Order of Labour Court dismissing grievance petition, in circumstances, set aside by Appellate Tribunal directing respondent Bank to re-consider case of appellant (employee)--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). 1983 P L C 206; 1982 P L C 1; 1981 P L C 494; 1983 P L C 681; 1983 -PLC 372 and 1972 S C M R 127 distinguished. Ch. Ghulam Qadir Cheema for Appellant. Ch. Sadiq Hussain for Respondent. Date of hearing: 29th July, 1984. JUDGMENT The appeal captioned above emerges from the decision, dated 23-7-1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, dismissing the grievance petition of the appellant for his promotion as Assistant Manager. 2. On 13-5-1980 the juniors of the appellant were promoted over his head vide seniority list Exh.P.1. The ground on which the appellant was not recommended by the departmental promotion committee is that his two A.C.Rs. Exhs. R.1 and R.4 were not satisfactory and that on account of remaining absent for one day without leave he was reprimanded. There is no evidence that the A . C . Rs. were duly conveyed to the appellant. Only those A . C . Rs. can be used which have been conveyed to the employee concerned. The appellant categorically said that Exhs. R.1 and R.4 were never conveyed to him. R.W.1 did not say that…

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