Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Reversion of employee--Requirements--Management, held, had a right to transfer, suspend, revert and/or dismiss an employee and such employee had no right, guaranteed or secured, under any law, award of settlement, to approach Labour Court for relief of his promotion--Employees reverted from post of Inspectors to posts of Traffic Assistants on basis of 'last come first go'--Labour. Court directing establishment to absorb employee, as Inspectors as soon as vacancies of Inspectors were available--Order of Labour Court maintained. Abdul Monem Khan for Appellants. Date of hearing: 27th November, 1986. DECISION These are two appeals filed by the appellants, against the 2 impugned orders, dated 7-12-1985, passed by the Sind Labour Court No. III, Karachi, who had allowed the grievance petitions of the appellants under section 25-A, I.R.O., 1969. 2. The brief facts of the cases are that both the appellants were appointed as conductors and subsequently, they were promoted as Traffic Assistants and thereafter, as Inspectors and they continued to work as Inspectors. That both these appellants were reverted to the posts of Traffic Assistants without any charge-sheet or an enquiry. That, even the District Manager was not competent to revert, suspend or penalize the Inspectors, but, in their cases they were reverted only by the Traffic Manager. That they were reverted due to prejudice as the posts were not abolished, therefore, they submitted grievance petitions before the Labour Court for direction to declare the reversion of the appellants as illegal. 3. The respondent establishment opposed the cases and submitted that no cause of action accrued to them as there was no violation of Law, Award of Settlement; therefore, their grievance petitions were not maintainable. They further stated that the reversion, retrenchment, transfer and promotions were the right of management and no employee can interfere with the administrative functions of the management. That the appellants were promoted to the posts of Traffic Assistants and subsequently to the posts of Inspectors but, they were reverted to the posts…

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