Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss., 3 & 4--Grievance petition--Seniority , whether or not a right secured to attract application of S.25-A, Industrial Relations Ordinance, 1969--Rules of establishment providing that seniority could not be disturbed on transfer from one cadre to another unless transfer made on choice and request of workman--Disturbing seniority contrary to such rules of establishment, held, amounted to violation of terms and conditions of service envisaged by Ss. 3 & 4 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--Violation of such right was a redressable wrong by invoking jurisdiction of Labour Court--Order disturbing seniority, was not sustainable in circumstances. Ch. Rashid Ahmad for Applicants. Kamal Mansoor Alam for Respondents. ORDER Mr. Naseer Ahmed Naseer, Mr. Syed Anwar Zaman and Mr. Shakeel Ahmed Khan have filed, claim, against Pakistan Steel Mill that their seniority be fixed from 1-3-1979 as the Apparatus Operator and also to pay them arrears of pay due to change of their cadre from fitter to apparatus Operator. 2. They have filed the following grievance. They claim that they are working as apparatus Operators. They were recruited to undergo training for six months which was extended by four months more. They were posted in Pay Scale-IV. When they completed one year's service they were given Scale No.V. On 20-11-1980 they were transferred from Erection Phase to Operational Phase. The designations were also- changed from fitter to Apparatus Operator. Respondent recruited certain new persons to undergo special training for one year and were designated as apparatus operators. Two out of many were put to the training in the department of applicants who were confirmed and the date of regularization has been shown as 27-12-1981 end 18-12-1981. 3. The office order was issued to remove the anomaly in the pay scale and also about the date of the appointment. 4. Applicants submitted separate applications in light of the office order. Their view point was accepted and they…

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