Law:

Section:

Industrial dispute-------Promotion---Employees who were working as Auditors and Stock Verifiers, were drawing pay in NPS-12 ---Later on when Government revised pay scale of Assistants and granted to them BPS-14, employees despite being senior to Assistants and holding higher posts than Assistants were ignored, but on their protest they were also granted BPS-14 by the competent Authority and that anomaly was removed---Subsequently when Assistants were granted BPS-15 in pursuance of direction of Government in that behalf, said employees were again ignored on the ground that employer being dependent on Government for necessary funds, case of employees had been referred to Government for advice---Such fact would not justify withholding of higher scale for aggrieved employees for long time especially in view of the fact that when such anomaly occurred in the past competent Authority had removed same without referring matter to Government---Competent Authority having full power to sanction creation of posts and to prescribe scales of pay it was not necessary to refer case to Government as contended by employers as exercise of such powers was not dependent on advice of Government---Position that a higher post should be in a lower scale and lower post in a higher scale was highly inequitable--­Court below, in circumstances, rightly directed employer to give BPS-15 to said employees (respondents) so that their seniority was maintained and channel of promotion was not upset. JUDGMENT This judgment shall dispose of twenty-four appeals bearing No.1hr-110/93 Punjab and from No. Lhr-135/93-Punjab to No. Lhr-157/93-Punjab which involve identical questions of facts and law. 2. The respondents who are twenty-four in numbers, are the employees of the Punjab Road Transport Corporation Limited. Out of them twenty are working as Auditors and four as Stock Verifiers. Originally they were drawing pay in NPS-12. According to the P.R.T.B. Recruitment and Staff Promotion Rules. 1976 (Exh.P.2), the post of Auditor is filled in by promotion from Accounts Assistants who were drawing pay in NPS-10. The post of Stock Verifier is filled in by direct recruitment. The Government of Punjab,…

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