Law:

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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A a, 38(3)--Award providing Railway Guards Grade-III vision failed to be posted as Conductor Guard--Post of Conductor Guard existing--Petitioner with vision B-1 i.e. below A.3 refused posting-­Grievance petition on basis of Award, in circumstances, held, rightly accepted by Labour Court for posting as Conductor Guard. Gulzar Ahmad Alvi for Appellants. Date of hearing: 13th October, 1985. Respondent in Person. JUDGMENT The decision, dated 29-9-1984 recorded by the learned Presiding Officer, Punjab Labour Court No.9, Multan has been challenged, whereby the grievance petition of the respondent for direction to the appellant to post the respondent as Special Ticket Examiner or Conductor, Guard was accepted with back benefits. 2. It has been argued by the learned counsel for the appellant that vision test for Conductor Guard being A.1 to A.3 and whereas the vision of the respondent is B-1, he is not entitled to be posted as Conductor Guard. He has, however, conceded that according to rules, Guards, Grade-III can be posted as Conductor Guards if vision is not below A-3. The respondent based his claim on award Exh. P.3 which says that vision failed Guards Grade-III should be posted as Conductor Guard. A demand can be raised for the creation of a right that has not been guaranteed by any law or rules. Since according to…

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