Law:

Section:

Industrial disputePromotionEmployee who originally was employed as gateman by department of Railways, was found fit to work as "Assistant Yard Master" which later on was named as "Junior Assistant Train (J.A.T.)"Employee had claimed that as he had been performing duties as JAX. for the last three years he was entitled to be confirmed on that postStand of Railways on the other hand was that employee was utilized temporarily as Assistant Yard Master which was a electrician grade post (B8) which required completion of promotion course and employee having not completed that course, was not entitled to be confirmedEmployer further clarified that Assistant Yard Master and Junior Assistant Train (J.A.T.) being entirely separate cadres, employee was not fit to be confirmedDocuments placed on case file being scanty and insufficient to resolve controversy in its correct perspective, case was remanded to be decided afresh after affording parties opportunity to bring on record documents which could prove continuous performance of duties as J.A.T. by employeeEmployers would also be at liberty to place further documents on record in support of their view point. JUDGMENT This appeal has been filed to assail the decision of the learned Presiding Officer, Labour Court, dated 2511990 whereby the grievance petition moved by the -Petitioner under section 25A of the Industrial Relations Ordinance, 1969, was dismissed. 2. The background which led to the instant litigation between the parties is that the -Petitionerappellant was employed as Gateman by the -Respondents on 131978. It is alleged in the petition that the -Petitioner was found fit to work as Assistant Yard Master which is now named as Junior Assistant Train (J.A.T.) by order dated 2361985 of the Assistant Transportation Officer and since then he has been performing duties as Junior Assistant Train. It was, therefore, claimed that having performed duties on the: said post for one year he was to be confirmed on that post on the strength of Industrial Court's Award notified in Government Gazette dated 13101966 and even otherwise, irrespective of the award that -Petitioner having completed three years duties over the post in…

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