Law:

Section:

Industrial dispute---- --- Promotion--Joint seniority list maintained in Establishment--No rule or regulation providing that senior person working in one Department could not be promoted to higher post in another Department--Petitioner though senior in joint seniority list was ignored and his junior promoted on plea that higher post belonged to Department in which junior was working--Grievance petition, in circumstances accepted by Labour Court declaring impugned promotion order as illegal and same set aside with direction that promotion be made according to rules and regulations--Promotion--Industrial Relations Ordinance (XXIII of 1969), S. 25-A. 1983 P L C 536 ref. JUDGMENT Petitioner Muhammad Latif, who is an Assistant in the respondent Paras Textile Mills, Bahawalpur, has filed the present petition under section 25-A of industrial Relations Ordinance, 1969, stating therein that he was employed in the respondent mills as a clerk on 19-9-1978 and that, on the basis of seniority and fitness, he was promoted to the post of Assistant on 1-10-1980. He has alleged that he is senior to respondent Hidayatullah, who was employed as an Assistant in the abovesaid Mills on 27-11-1980. The petitioner has alleged that a post of Sales Officer fell vacant in the respondent Mills and that respondent Hidayatullah, who was junior to him, was promoted to the post of Sales Officer with effect from 1-12-1984. Petitioner Muhammad Latif has alleged that the order whereby respondent Hidayatullah has been promoted to the post of Sales Officer is illegal, null and void and ineffective on his right and that the order under reference is liable to be set aside. 2. Petitioner Muhammad Latif served the respondent Para, Textile Mills, Bahawalpur, with a grievance notice within the prescribed period but he did not receive any reply thereto. Ultimately, he filed the petition under reference in this Court against respondent No. 1 Paras Textile Mills (through its General Manager) and against respondent No. 2 Hidayatullah. He has prayed that the order whereby respondent Hidayatullah was promoted to the post of Sales Officer be set aside. It is also an allegation of petitioner Muhammad Latif that…

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