Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 25A & 38Constitution of Pakistan (1973), Art.199Constitutional jurisdictionExercise ofTransfer and promotionTrial Court as well as Appellate Tribunal after thorough scrutiny of material placed before them, had recorded a concurrent finding of fact that transfer of coemployee was not justified and that employee being senior most should be considered for promotionCourts below being competent to decide case, concurrent finding of fact recorded by them based on record and relevant service rules, could not be interfered with in Constitutional jurisdiction of High Court. JUDGMENT This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, calls in question the order dated 1511989 passed by the Punjab Labour Appellate Tribunal whereby decision dated 26101988 of the Punjab Labour Court No.l, whereby the transfer of Raza Muhammad, Assistant, Punjab Road Transport 'Corporation, Garden Town Depot, -Respondent No.4 herein, was quashed being unwarranted by service rules. It was further directed that Umar Hayat -Respondent No.l being the senior most clerk be considered for promotion as Assistant against the vacant post according to the Service Rules. 2. Briefly the facts are that Umar Hayat -Respondent N0.1 filed a petition under section 25A of the Industrial Relations Ordinance, 1969 before the Punjab Labour Court No.l, Lahore, for withdrawing the order dated 2361987 passed by Managing Director, Punjab Road Transport Corporation, whereby Raza Muhammad -Respondent No.4 herein, who at the relevant time was posted at Garden Town (Urban) Depot against an existing vacancy of an Assistant. -Respondent No.l also prayed for his promotion as Assistant against the said post. The Labbur Court accepted the petition vide order dated 26101988, with the observation, "the transfer of Raza Muhammad as Assistant in the Garden Town Depot was not warranted by the service rules and law. It should be cancelled within one month of this order. The -Petitioner (Umar Hayat, -Respondent No.l herein) being the senior most clerk be considered as Assistant against this vacant post according…

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