Law:

Section:

(On appeal against the dated 15-9-1987, passed by the Peshawar High Court, Peshawar, in Writ Petition No. 4 of 1981). (a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 38-A & 38-C(2)--Constitution of Pakistan (1973), Art. 185(3)-­First Wage Commission Award, para. 237--Leave to appeal granted to examine questions of law of general application arising in the case namely, whether provisions of para. 237 of the First Wage Commission Award in fact govern promotion to the officers' grade as the view taken by the Third Wage Commission Award in para. 131 mentions that " the provisions of para.237 of First wage Commission Award are applicable only to cases of promotion falling within the clerical cadre and have nothing to do with promotion of clerical staff to officers' grade; (ii) whether Government was possessed of authority to prescribe a promotion examination; and (iii) whether plenary power of the employer to prescribe conditions and qualifications for promotion in order to ensure efficiency and competence stood controlled, curtailed or limited to any extent by the statutory instrument in the field" . (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 38-A, 38-C, 38-D, 36-G & 2(xiii)--Jurisdiction of loge Commission set up under S.38-A and the definition of "industrial dispute" under S.2 (xiii) limit the jurisdiction of Wage Commission to matters concerning the workmen or to employers of such workmen-­Terms and conditions relatable to the prospects of promotion, do not form part of the service conditions of the post from which promotion is to take place but they form part of the ter:is and conditions of the higher post to which promotion is to take place=-Eligibility for promotion therefore is not a term and condition of the service of those seeking promotion.--[Jurisdiction]. Muhammad Umar Malik v. Federal Service Tribunal P L D 1987 S C 172 and Faizullah Khan v. Government of Pakistan P L D 1974 SC 291 ref. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 38-A--First Wage Commission Award, paras. 237 & 238-­Jurisdiction constraints on Wage Commission limit paras.237 & 238 of the Award of promotion to workmen within…

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