Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability of---Rights guaranteed under settlement with C.BA: --Enforceability through grievance petition---Legality--­Workman who initially was employed by employer as a Technician in Grade IV, subsequently was re-designated as plant operator in same Grade IV---Later on in pursuance of a settlement arrived at between employer and Collective Bargaining Agent (C.BA.) employer revised grades of its employees including grade of workman under which his grade was revised from Grade IV to Grade V--­Employer, however, did not give revised grade to workman and workman filed grievance petition which was resisted by employer on ground that promotion was not a guaranteed right which could be enforced through grievance petition--­Workman did not claim promotion, but in his petition he had clearly prayed for direction to employer to revise his grade from IV to V and so fix his pay accordingly in terms of policy according to which he was re-designated and his grade was revised in pursuance of settlement with Collective Bargaining Agent--­Case of workman was not case of promotion, but was a case of re-fixture of grade and pay which was a right conferred upon workman after revision of pay scale and grade---Workman in circumstances had become entitled to have his salary fixed in Grade V from date---Revision of pay scale had become effective--- Grievance petition filed by workman was maintainable in view of fact that rights guaranteed under settlement could undisputedly be enforced through Labour Court under section 25-A of Ordinance, 1969. Muhammad Ayub Chandio v. Secretary to Government of Sindh, Communication and Works Department and 3 others 1985 P L C 872; Zakir Hussain v. Managing Director, Karachi Water and Sewerage Board and another 1985 P L C 261; SA. Baseer v. Divisional Superintendent, Pakistan Railways, Sukkur and 3 others 1981 P L C 494; 1990 P L C (C.S.) 598 and Zakir Hussain Syed v. Secretary to Government of Pakistan, Ministry of Culture, Archaeology Sports and Tourism 1983 P L C (C.S.) 119 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.…

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