| Citation(s) |
|---|
| 1993 SLG 1303 1993 SLD 1303 1993 PLC 401 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-329 of 1991, decided on 29th November, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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Appeal No. SUK-329 of 1991, decided on 29th November, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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GENERAL MANAGER, PAKISTAN RAILWAYS, LAHORE and another
VS
, MUHAMMAD HANIF
Law:
Section:
Industrial dispute--- ---- Reversion---Employee who was earlier promoted after declaring him qualified for such promotion, was subsequently reverted on grounds firstly it was found that he was wrongly promoted; secondly that earlier promotion was temporary and in an officiating capacity and thirdly that he had no secured and Guaranteed right---Employer could not bring on record names of those persons on representation of whom employee was found wrongly promoted and employee was not provided opportunity to meet allegations against him---After promotion, employee worked for more than six months on post he was promoted---Grievance petition filed by employee against his reversion was. rightly accepted by Trial Court. Shabbir Ahmed Awan for Appellants. Nizamuddin Baloch for Respondent. Date of hearing: 16th November, 1992. DECISION The circumstances culminating in this appeal are as follows. 2. The respondent is an employee of the Railway Department and was promoted as SASM Grade-III in BPS-14 after he had been declared qualified by the D.P.C. vide Pakistan Railway Gazette Notification No.IV, dated 15-2-1989 and was posted as SASM Grade-III, Rohri. It was alleged that he also happened to be the Divisional Secretary of the Station Masters' Groups Association, Sukkur, and Joint Secretary of Pakistan Railways Employees Union, which was declared as CBA. His involvement in these activities was not to the liking of his superiors, but he could not be prevailed upon to refrain from his activities. It is also stated that as Joint Secretary of the C.BA. he had made Representations to the Prime Minister of Pakistan on 10-4-1989. This had raised the ire of the bosses and vide letter, dated 14-11-1989 he was reverted as ASM Grade-I. 3. After a due grievance notice he had filed an application under section 34 of the I.R.O. against the order of reversion, but once the objection had been taken to the maintainability of the petition, the same was withdrawn with permission of the Court to seek remedies through a petition under section 25-A of the I.R.O. 4. It was admitted in the Written Reply that the petitioner had been promoted as ASM-Grade-III on clearance by D.P.C., but the…
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