1989 PLP 1397 (SCMR)

SHAFIUR RAHMAN, J.‑‑The petitioner seeks leave to appeal against judgment of the Lahore High Court dismissing his Constitutional petition challenging the decision of the Labour Appellate Tribunal. The petitioner sought from the Labour Court the benefit of the decision of Government to the following effect published in P.R. Gazette dated 18‑1‑75:‑ "The following decisions of the Government are published for the information of Railway staff (1)Confirmation of staff.‑‑The Government has decided that all staff, except work‑charged staff or those working in the temporary projects, with three years' service should be confirm‑ d and the posts against which they are working should be made permanent as far as possible. All others who cannot be so confirmed should be given all the benefits privileges of confirmed staff. Work‑charged staff and those working on temporary projects on completion of the works/projects would be given preference for absorption in regular service. The Labour Court allowed his petition on 27‑11‑1982 holding as hereunder:‑ "The petition in the circumstances is allowed and the petitioner shall be posted as a plumber with immediate effect. The Assistant Engineer, Pakistan Railways, Jhelum is directed to get the post of Plumber permanently sanctioned so that the necessity of seeking TLA on periodical basis is excluded for all times to come. Ordered accordingly." The Appellate Tribunal reversed the decision on following reasoning:‑ "Since before the posting of Muhammad Akbar as plumber the respondent had not derived any right on the post of plumber by remaining posted on it for three years or more, the act of the appellants of posting Muhammad Akbar was not assailable. The respondent therefore was wrongly given benefit of the notification by the learned lower Court. The notification nowhere says that if there are breaks they are to be ignored. The condition is three years officiating which clearly means continuous service." The exact factual basis of the case finds mention in the impugned judgment of the High Court in the following words:‑ "The petitioer joined the Railways Service as a gang‑man on 23rd of June, 1962. Subsequently, he was promoted as plumber and held this post from 15‑8‑1976 to 31‑12‑1977. On Ist of January, 1978, he was reverted to his substantive post of gangman. He again held the post of plumber from 17‑1‑1978 to 31‑12‑1980 on six monthly basis. He was again reverted on 1‑1‑1981. But he failed to resume duty and remained absent from 1‑1‑1981 to 31‑1‑1981. He once again held the post of plumber from 1‑2‑1981 to 30‑6‑1981, on which date he was again reverted as gangman. He again absented himself from duty from2‑7‑1981 to 15‑12‑1981 and during this period Muhammad Akbar P. W.4 was appointed as plumber against a work‑charged post." The learned counsel for the petitioner contended that continuous service A three years was not required, that all the conditions were fulfilled by the petitioner, and the refusal to appoint and confirm him is unjustified. The facts clearly show that when the notification came, that is 18‑1‑1975, he had rendered no service as plumber. Therefore that notification was not in terms applicable. Besides, how could the petitioner object to the appointment of someone else on the post when he himself was not available from 2‑7‑1981 to 15‑12‑1981. Thus it is not a fit case for leave to appeal which is refused. M.A.K./N‑166/S Leave refused.