Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Policy Letter No. 831-E/332 (E-Policy), dated 13-9-1980--­Constitution of Pakistan (1973), Art. 199---Promotion---Eligibility---Quota fixed for literate and illiterate persons to be promoted to post of Mistris from post of skilled Fitters---Dispute arising as to petitioner or respondent was 6t and eligible to be promoted to post of Mistri as illiterate persons---Railway Authorities promoting petitioner as a Mistri against quota of illiterate persons and Labour Court upholding his promotion as such and rejecting grievance petition of respondent who also claimed promotion against said vacancy---Labour Appellate Tribunal, however, reversed order of Labour Court and order of promotion of respondent---Both petitioner and respondent who were present before High Court frankly admitted that they had studied upto Matric and Middle respectively but petitioner had not appeared in Matriculation Examination and respondent had not qualified in Middle Examination---Held, in view of statements of parties none of them could be considered as illiterate person for filling vacancy reserved for illiterate persons---Orders of Labour Court and Labour Appellate Tribunal were declared to be without lawful authority and case was remanded to Railway Authorities to reconsider whole case afresh in light of latest departmental instructions. JUDGMENT This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking to quash the judgment dated 13-9-1989 of the Punjab Labour Appellate Tribunal, Lahore, whereby the order dated 29-5-1989 of the Punjab Labour Court No. 3, Lahore, rejecting the application of Muhammad Nazir respondent No. 4 under section 25-A of the Industrial Relations Ordinance, 1969, for consideration of his case for promotion against the post of Mistri, was set aside. 2. Briefly, the facts are that the Pakistan Railways, Carriage and Wagon Shop, Moghalpura, Lahore, fixed a quota of literate and illiterate persons to be promoted to the posts of Mistris from the posts of skilled fitters. In order to, provide incentive of promotion to the illiterate skilled staff who are otherwise…

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