1998 PLP 50 (PLC)

Shabbir Ahmad Bhutta for Petitioner Shabir Ahmad Afghani, A.A.-G. and Shamsher Iqbal Chughtai for Respondents. Date of hearing: 23rd September, 1997. The petitioner was initially appointed as Junior Clerk on 26-6-1975 and was promoted as Steno-typist on 23-8-1978. He was further promoted as Stenographer on ad hoc basis vide order dated 18-6-1979 but was regularised to NPS-10 with effect from 26-7-1983. Thereafter the post of stenographer was upgraded in BPS-15 which was granted to the petitioner. The petitioner filed a petition under section 25-A of the Industrial Relations Ordinance, 1969 before the Punjab Labour Court No. 8, Bahawalpur, on the ground that he should be considered, to have been promoted as Stenographer on regular basis with effect from 18-6-1979 and not on ad hoc basis. The Punjab Labour Court No. 8 allowed the petitioner of the petition vide order dated 4-10-1987. The respondents brought an appeal against the said order which was accepted by the Punjab Labour Appellate Tribunal, Lahore vide order announced on 8-12-1987. Consequently, the order dated 4-10-1987 passed by the Punjab Labour Court was set aside and the grievance petition of the petitioner was dismissed. Hence this writ petition.

2. It is contended by the learned counsel that right from 18-6-1979, the petitioner had been performing his duties of the post of Stenographer on regular basis and had also been drawing pay and other allowances attached to the said post. The post of Stenographer was vacant and available against which the petitioner ought to have been adjusted.

3. On the other hand, learned counsel for the respondents has stated that the impugned order dated 8-12-1987 passed by the Punjab Labour Appellate Tribunal does not suffer from any illegality and the grievance petition of the petitioner has rightly been dismissed. He further stated that there was no justification for accepting the stalemate claim of the petitioner after four years. It was further stated that the order dated 4-10-1987 passed by the Punjab Labour Court No. 8, Bahawalpur had been properly set aside by the Punjab Labour Appellate Tribunal.

4. I have heard the learned counsel for the parties at some length. The petitioner was appointed by promotion as Stenographer on 18-6-1979 against an available post. Apparently, there was no legal or moral justification to appoint him as such on ad hoc basis when he was eligible and was also fit and suitable for the said post. He was formally promoted on regular basis with effect from 26-7-1983. The Statutory Corporations are required to be noblest of the litigants and they should not deny the legitimate claims of their employees. The petitioner was eligible and qualified to hold the post of Stenographer on regular basis with effect from 18-6-1979. Therefore, there was no justification whatsoever to deprive him of his legitimate expectations of regular promotion as Stenographer with effect from 18-6-1979. The fact remains that he had performed the duties of the said post and also drew his pay and allowances with effect from 18-6-1979. The Punjab Labour Court No.8, Bahawalpur, after correctly appreciating and evaluating the material evidence on record, rightly accepted the grievance petition of the petitioner. The findings of the Punjab Labour Appellate Tribunal is not sustainable as the grievance of the petitioner could not be turned down merely on the, ground that he had been appointed as Stenographer on ad hoc basis with effect from 18-6-1979. As a matter of fact, the grievance of the petitioner; throughout was that the date of his promotion i.e. 18-6-1979 should be treated as on regular basis.

5. In this view of the matter the impugned order as announced on 8-12-1979 passed by the learned Punjab Labour Appellate Tribunal is declared to be without lawful authority and of no legal effect. This writ petition is accepted. However, in the facts and circumstances of the case there shall be no order as to costs. H.B.T./A-209/L Petition accepted.