Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Promotion---Ouestion of promotion only prerogative of employer to decide---Prerogative of employer is to decide question of promotion of employee on basis of seniority-cum-fitness but this discretion is to be exercised judiciously---Evidence on record was not clear as to on what grounds employees had not been found fit for promotion---Employees under settlement had secured right for promotion if they were senior and found fit for promotion---Evidence showed that case of employees had not been given due consideration by Departmental Promotion Committee and it was not clear whether adverse remarks, if any, were ever communicated to them---Order of Labour Court deciding promotion of employees was set aside and employer was directed to reconsider and decide afresh question of promotion of employees on merits from date their juniors had been promoted. Divisional Superintendent of Pakistan Railways, Multan v. Punjab Labour Appellate Tribunal and 3 others 1983 P L C 103; Muhammad Munir Butt v. Agricultural Development Bank of Pakistan, Islamabad 1985 P L C 213; Punjab Road Transport Board v. Muhammad Akram 1985 P L C 318; Divisional Superintendent of Pakistan Railways, Sukkur and 2 others v. Mushtaque Ahmad and 8 others 1987 P L C 142; Azizur Rehman v. Karachi Transport Corporation 1987 P L C 154 and Superintending Engineer, IInd Circle Electricity, WAPDA. Lahore v. Shabbir Ahmed 1984 P L C 1081 ref DECISION All these four appeals are directed against separate orders passed by the Sindh Labour Court No. I, Karachi, on 10-9-1989, whereby the grievance petitions of all the four respondents were allowed. As the appellant in all the application is same and the points of law also same, .I propose to dispose of all the four appeals by the single decision. 2. I have heard Mr. Gul. Muhammad Soomro, Representative for the appellant and Mr. Abdul Munim Khan, Advocate for respondents Rajuddin son of Amir Hussain and Muhammad Shareef son of Ahmed Din and Mr. Ch. Latif Saghar, Advocate for respondents, Muhammad Yaseen son of Aziz Muhammad and S. Zaheer Hussain son of Moula Bukhsh. I have also gone through the record and…

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