Law:

Section:

Ordinance (XXIII of 1969) Ss.25 A & 37(3) Promotion Entitlement Grievance petition Employee, despite being senior to co employee and more qualified, was ignored and co employee was promoted Employee who deserved promotion prior to co employee, filed grievance petition which was rightly accepted by Labour Court, declaring promotion of co employee as dubious, irregular and .unlawful Decision of Labour Court based on, evidence on record and not suffering from any illegality and irregularity could not be interfered, with. Shuja ud Din Hashmi for Appellant and Rana Ghulam Mustafa Naru for Respondent No. l Nemo for Respondent No.2. JUDGMENT By its decision, dated 13 1 1989,' the learned Labour Court, No.1, Lahore, accepted the grievance petition of Muhammad Hanif, an ex employee of P.R.T.C. Lahore; filed under section 25 A, Industrial Relations Ordinance, 1969. The P.R.T.C. has come up in appeal to this forum. 2. Muhammad Hanif got appointment as Junior Clerk (BPS.5), in the P.R.T.C., on 1 2 1980, and Muhammad Azam respondent No.2, was appointed in the same capacity on 21 2 1982. The latter, however, allegedly in a fraudulent manner, manoeuvred to show that he had been promoted as Senior Clerk (BPS 7) on 20 5 1989. The P.R.T.C. belies Muhammad Hanif's plea and contests his claim, thus, favouring Muhammad Azam, according to whom he had actually been promoted, and two persons senor him, Safdar Hussain Shah and Muhammad Hai.if had been ignored, because of their bad recorded. Surprisingly, however, the matter had' not been placed before the DTC, and orders of promotion of -Muhammad Azam had purportedly been passed, on a favourable report recorded by the Office Superintendent. A criminal case however, was registered against both of them, and in the inquiry conducted by the Senior Special Judge cum Enquiry Officer (Mr. Zulfiqar Ali Toor) the enquiry report Exh.P 10, which is worth reading, was recorded against, these persons. The fraud schematically played was unearthed, and even recovery of the amount having deceitfully been obtained in excess by Muhammad Azam was effected. 3. This is a classical case of fraud and fabrication and it depicts a horrible story of foul…

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