Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 25-A & 38(3)--Grievance petition--Petitioner a Railway employee­ Claiming seniority over respondents and challenging their promotion-­Matter, held, was not of infringement of a secured right---Grievance petition found not maintainable. 1985 P L C 872 and 1981 S C M R 554 rel. P L D 1970 S C 203 distinguished. Shabbir Ahmad Awan for Appellants. Manzar Alam for Respondents. Date of hearing: 6th May, 1986. DECISION This is an appeal. filed by the appellants against an impugned order, dated 5-6-1984, passed by the Sind Labour Court No.VII, Sukkur who allowed the joint grievance petition of the respondents, filed under section 25-A, I . R.O. 1969. 2. The case of the respondents before the Labour Court was that, the letter, whereunder the appellant No.3, i.e. Abdul Saeed Khan son of Abdul Waheed Khan, was declared senior to the respondent and was promoted, be withdrawn and that the post of AKLC be filed in by making selection, as it being a selection post, after giving opportunity to all the persons of the same grade and the seniority assigned, vide confirmation letter of 1975, be restored. Further, the case of the respondent was that they were initially appointed Wireman with effect from 23-6-1963 after passing the required Trade test. That, in the year 1972, they were selected for the post of Mistry Wireman on their qualifying the Trade test and so they were promoted on regular basis with effect from 5-7-1972 and they were also declared confirmed in the year 1975 from the date they were actually officiating in the grade of Wireman Mistries. Further, the case of the respondents is that appellant No. 3, namely, Abdul Saeed Khan son of Abdul Waheed Khan was appointed as Wireman on 1-1-1967 and was posted at Loco Shed Rohri and then, in the year 1972, was called upon to attend selection for the post of Mistry Wireman alongwith the respondent, but, he could not succeed in the said selections test and so he was declared unfit. However, on 21-3-1978, the appellant No.3 was promoted as Wireman Mistry and was also confirmed as such with effect from 7-12-1978, therefore, the appointment of appellant No.3 or his…

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