Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25 & 38(3)--Increment--Increment was earned after induction into a certain grade and taking over charge of post in grade in which a period of six months elapsed on 30th November of a year-­Appellant taking over charge of promoted post on 16-6-1984 to which a period of six months had not elapsed on 1st December, 1984-­Appellant, held, could not claim increment if administration refused him increment (b) Industrial Relations Ordinance (XXIII of 1969)- ---Sa.25 & 38(3)--Increment--Discrimination--Administration extending favouritism and granting increments to certain employees who had not actually worked in upgraded posts for a period of six months before 1st December--Practice deprecated. Ali Hussain Khan for Appellant. Khial Muhammad Khan Khattak for Respondent. ORDER By his Judgment and order dated 22-12-1986 the learned Presiding Officer, Labour Court, Peshawar disallowed the Grievance Petition of Sahibzada Commercial Supervisor (Goods) for the award of increment due with effect from 1-12-1984 as was claimed that he was due for promotion on 14-1-1984 but his promotion was withheld /delayed for ulterior motives till 31-5-1984 and that he was last enabled to take over the charge of his higher post on 16-6-1984 for no fault on, his part. He claimed that a period of six months shall be deemed to have lapsed before 1-12-1984, in either case if his promotion is deemed with effect from 14-1-1984 when the vacancy occurred or 31-5-1984 when his promotion order was made, and not 16-6-1984 the date of actual taking over the charge of the senior grade post when he was so enabled. 2. After hearing Mr. Ali Hussain Khan, Advocate, learned counsel for the appellant and Mr.Khial Muhammad Khattak, Advocate for the respects at some length, it was so posed to them that falling of a vacancy, entitlement for promotion, orders of promotion and actual commencing into operation the orders of promotion through, taking over the charge of the post of promotion are all independent steps and that for purposes of increment it is the actual service for a period of six months after induction into the post of promotion before…

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