Law:

Section:

Ex-Employee of the Former Government of East Pakistan (Appointment to Federal Posts) Ordinance (XI of 1983)-------S. 3---Industrial Relations Ordinance (XXIII of 1969), S. 25-A--­Constitution of Pakistan (1973), Art. 185(3)---Promotion---Ex-employee of former Government of East Pakistan---Petitioner being ex-employee of former Government of East Pakistan was initially granted BPS-7 but was, subsequently, reverted to Grade-6---Petitioner's grievance petition was dismissed by Labour Court as also by Labour Appellate Tribunal---High Court dismissed petitioner's Constitutional petition relating to his claim of seniority over respondent employees---Validity---Petitioner and respondents had participated in meetings of Departmental Promotion Committee in which petitioner was not promoted while respondents were promoted on basis of principle of seniority-cum-fitness---Petitioner having not challenged subsequent promotions of respondents by initiating proper proceedings, their promotions could not be deemed to be suffering from any legal taint whatsoever---Petitioner could not point out that principle of seniority-cum-­fitness was not applicable to case of petitioner and respondents---Leave to appeal was refused in circumstances. Mst. Shahar Bano v. Quadria and another 1986 SCMR 1727 ref. Noor Muhammad Sheikh, Advocate Supreme Court and Ch. Mehdi Khan, Advocate- on-Record for Petitioner. Nemo for Respondents. Date of hearing: 16th April. 1998. ORDER CH. MUHAMMAD ARIF, J.---Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan 1973, petitioner has challenged the vires of judgment dated 29-10-1996 whereby his Constitution petition was dismissed by the Lahore High Court, Lahore with the result that the orders made by the Punjab Labour Appellate Tribunal, PLAT for short, Lahore and the Labour Court No.3 respectively dated 7-1-1991 and 20-11-1990, were upheld. 2. Briefly stated the background of the case is that he joined the erstwhile Pakistan Eastern Railway on 10-2-1962. He was promoted as Skilled Progress Chaser with effect from 31-7-1971. Subsequent to the fall of Dacca on 16-12-1971, he left East Pakistan and made it to West…

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