Case Details

Citation(s)
1989 SLG 2167 1989 SLD 2167 1989 PLC 381
Labour Appellate Tribunal, Punjab
Appeal No. R-1-265 of 1988/Pb., decided on 29-6-1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN DIVISION, MULTAN.

VS

MAZHAR HUSSAIN

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Confirmation--Respondent asking for confirmation on post of A.I.O.W. had only worked for three months thereon, whereafter he was posted as Land Inspector--Respondent had not completed period of one year as A.I.O.W. which was necessary for confirmation according to relevant award--Posts of A.I.O.W. and Land Inspector having not interchangeable, by working on one post incumbent could not claim confirmation against other post--Efficiency and passing of test were also necessary for confirmation according to the relevant Award of which were also not proved to have been cleared by respondent--Respondent's name was only brought on pane of Departmental Promotion Committee for purpose .of seniority but same was not sufficient to reach conclusion that he had passed test--Held, lower Court ha c failed to consider correct position while accepting grievance petition of respondent for confirmation as A.I.O.W.--Order of Labour Court set aside any grievance petition of respondent employee rejected. Agha Taj Muhammad for Appellant. Ali Hussain for Respondent. Date of hearing: 28th July, 1988. JUDGMENT The appeal captioned have challenges the correctness of the decision dated 9-3-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 6; Rawalpinid, whereby the grievance petition of the respondent for h confirmation against the post of A.I.O.W. was accepted. 2. The facts are that the respondent was appointed as A.I.O.W. for three months, whereafter, as mentioned in the grievance petition, he was posted as Land Inspector. The respondent claimed to be confirmed as A.I.O.W. under an award of 1966, copy of which is Ex. P-1. According to this award, persons who worked against a post for one year could ask for their confirmation against the said post. Since according to the respondent, he was appointed as A,I.O.W, for three months only an therefore was posted as land inspector, he did not work for one year against his former post and thus he could not take benefit of the award referred to above. 3. Learned counsel for the respondent has argued that since the posts of A.I.O.W. and Land…
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