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Industrial dispute--- ----Promotion---Employee who was employed as "Programmer" in Employer Corporation was senior to his co-employee, but when a vacancy occurred in post of "Application Operation Officer" in Corporation, co-employee despite being junior to employee was promoted to that post and that promotion was challenged by employee---For granting promotion, a test was conducted in Corporation by a Firm of Chartered Accountants in which four Programmers including employee and co-employee participated---According to result of that test co-employee stood first while employee got second position---According to Regulations in employer Corporation criteria for promotion was that up to level of Assistants, promotion was to be granted on basis of seniority-cum­ fitness while promotion to all other posts was to be made by selection on ground of merit---Programmers who were not Assistants, but were holding post higher to Assistants, their promotion was to be made on basis of merit according to Regln. 16 of Regulations of Corporation ---Co-employee who got first position in test was rightly promoted despite his juniority to employee. M. Aslam Butt for Appellant. Abdul Majeed, Representative for Respondents. Date of hearing: 12th October, 1994. DECISION This appeal calls in question the order of the Labour Court No. V, Karachi whereby the petition filed under section 25-A, I.R.O. was allowed and the respondents were directed to promote the petitioner as "Application Operation Officer in Grade-11 with retrospective effect from March, 1993". The circumstances forming the background of this case succinctly stated are as follows:- The petitioner was appointed as a Programmer in the Computer Division, on 18th of August, 1987. It appears that a vacancy occurred in the post of the Application Operation Officer, EDP Department, Finance Division and one Irfan Ahmed who was junior to him was promoted on 15-3-1993. The petitioner had made representations and as the same remained unheeded, after the service of grievance notice, he had filed the petition before the Labour Court. 2. The petition came to be resisted on the ground that the petitioner was not a workman, and looking to…

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